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2025 DAILYLAW 3125 (AP)

BYPILLA DURGA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/978/2025 · 2025-01-10

Kiranmayee Mandava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

.c It IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 978 OF 2025 Between: Bypilla Durga Prasad, S/o. Surya Narayana Murthy Aged about 61 years Occ Business, R/o. D.No 9-25-2, Yadavapuram Vari Street, Behind Nehru Statue, Kothapeta, Vijayawada -1. ...PETITIONER AND 1. The State Of Andhra Pradesh, The State of A.P rep. by its Principal Secretary (Municipality and Urban Development), Secretariat Buildings, Velagapudi, Amaravati 2. The Vijayawada Municipal Corporation rep. by its Commissioner,, Pandit Nehru Building, 1 Town, Vijayawada ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd Respondent Corporation upon the grievance of the Petitioner to may remove the unauthorised trade of coconut, fruits and flowers in front of the subject building belonging to the Petitioner which consists of shops being run under valid trade license is by the 2nd Respondent Corporation. % lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to unauthorised trading in front of the subject building, pending disposal the above Writ Petition in the interest of justice. Counsel for the Petitioner(s): SRI. MSVS SUDHA RANI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN DEV remove the carts pertaining to the of URBAN Counsel for the Respondent No.2: SRI A S C BOSE, SC FOR VIJAYAWADA MUNICIPAL CORPORATION The Court made the following; ORDER ■fl APHC010012702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 978/2025 Between: Bypilla Durga Prasad ...Petitioner AND The State of Andhra Pradesh and others Counsel for the Petitioner: 1.MSVS Sudha Rani Counsel for the Respondent(S): 1.GP for MUNCIPAL ADMN URBAN DEV The Court made the following order: Challenging the inaction of the 2"^^ respondent-Corporation ...Respondents in not acting on the grievance of the petitioner to remove the unauthorized business of fruits and vegetables in front of the building of the petitioner preventing access, the instant writ petition is filed. .. 2. Heard Smt. M.S.V.S.Sudha Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration Development and Sri A.S.C.Bose, learned Standing Counsel for No.2. and Urban r respondent learned counsel of the petitioner that the respondent the complaint filed by the petitioner, and . However, the hawkers have It is argued by the corporation has initially acted on removed the push carts at the subject premises resumed their business, thereby closing access to the petitioner's property. 3. Counsel for the Corporation submits that the the complaint of the petitioner and The Learned Standing 4. Corporation has promptly acted on removed the pushcart(s). If the petitioner still believes that the issue is not be made to the Corporation for resolved a detailed representation may reddressal of the grievance. rival submissions and with the consent of both parties. Considering the the writ petition is disposed of at the admission stage. The petitioner shall detailed representation to the Corporation within one week from today. 5. make a The respondents period of two weeks thereafter, by disposing of the representation. shall take appropriate action in accordance with law within a 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. sequel, all pending miscellaneous applications shall stand closed. As a Sd/- B PRASADA RAO assistant registrar •rtoi^FlCER //TRUE COPY// SEC To, 1 The Principal Secretary (Municipality and Urban Development), Secretariat Buildings, Velagapudi, Amaravati Vijayawada Municipal Corporation, Pandit Nehru 2 The Commissioner Building, 1 Town, Vijayawada 3. OneCCto Sri. MSVS Sudha Rani, Advocate [OPUC] ‘° Sri A S C Bose 6. Three CD Copies Admn Urban DEV .High Court Of Andhra sc for Vijayawada Municipal Corporation AL HIGH COURT DATED:10/01/2025 \ ( I. ORDER ^OF ANOT*^ WP.No.978 of 2025 1 2 <1 JAN 2025 Co ^ Current Section ^ Stl^SPATCV**^ “ DISPOSING OF THE WP WITHOUT COSTS