IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39573 OF 2014 Between: Korada Lalitha, W/o late Korada Ramu Naidu, Aged about 64 years, Residing at Flat No. 101, Doctors Plaza, Near Zilla Parishad, Krishna Nagar, Visakhapatnam 530002 Andhra Pradesh represented by her General Power of Attorney Holder Sri Korada Venkata Suresh, S/o late Korada Ramu Naidu, Aged about 33 years. Residing at Flat No. 101, Doctors Plaza, Near Zilla Parishad, Krishna Nagar, Visakhapatnam 530002, Andhra Pradesh. ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration, Secretariat Buildings, Saifabad, Hyderabad 2. Visakhapatnam Urban Development Authority, Represented by its Vice Chairman, Udyog Bhavan Complex, III Floor, Siripuram, Visakhapatnam 530003 3. Chilkuri Housing Projects Private Limited,, Represented by its Managing Director Sri Chilkuri Srinivas, 9-21-17/2, Road No. 21, C.B.M. Compound, Visakhapatnam 530003 Andhra Pradesh 4. The Commissioner, GVMC, Visakhapatnam. ...Respondents R4 is Suo-Moto impleaded as per the Order of the Court dated 22.01.2025. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 in encroaching the petitioner's land of an extent of 33 cents in Sy. No. 137/1 and 86 cents in Sy. No. 137/2, in VUDA Chilkuri Joint Venture Lay Out in L.P. No. 38 of 2007 and 14 of 2010, situated at Kapullupada Village, Bheemunipatnam Mandal, Visakhapatnam District is arbitrary, illegal, high handed, capricious, whimsical and violate the fundamental rights guaranteed to the petitioner under Articles 14, 19, and the Constitutional guarantee envisaged under Article 300-A of the Constitution of India apart from being in violation of principles of natural justice and fair play and consequently direct the respondents 2 and 3 to delete the petitioner's land of an extent of 33 cents in Sy. No. 137/1 and 86 cents in Sy. No. 137/2, in VUDA Chilkuri Joint Venture Lay Out in L.P. No. 38 of 2007 and 14 of 2010, situated at Kapullupada Village, Bheemunipatnam Mandal, Visakhapatnam District and hand over the physical possession of the petitioner's land to her forthwith. I.A. NO: 1 OF 2014fWPMP. NO: 49636 OF 2014) 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 respondents 2 and 3 not to make any constructions in the petitioner's land of an extent of 33 cents in Sy. No. 137/1 and 86 cents in Sy. No. 137/2, in VUDA Chilkuri Joint Venture Lay Out in L.R. No. 38 of 2007 and 14 of 2010, situated at Kapullupada Village, Bheemunipatnam Mandal, Visakhapatnam District, pending disposal of the above writ petition. Counsel for the Petitioner: SRi G SUNDARESAN Counsel for the Respondent No.3: SRI Y RAMA RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No’s. 2 & 4: SRI V SURYA KIRAN KUMAR, SC FOR VMRDA & MUDA The Court made the following order: 1 APHC010463702014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39573/2014 Between: Korada Lalitha ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.G SUNDARESAN Counsel for the Respondent(S): 1. 2.V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4.Y RAMA RAO The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 in encroaching the petitioners land of an extent of 33 cents in Sy No. 137/1 and 86 cents in Sy No. 137/2 in VUDA Chilkuri Joint Venture Lay Out in L P.No.38 of 2007 and 14 of 2010 situated at Kapullupada Village, Bheemunipatnam Mandal, Visakhapatnam District is arbitrary illegal high handed capricious whimsical and violate the fundamental rights guaranteed to the petitioner under Articles 14 19 and the Constitutional guarantee envisaged under Article 300A of the Constitution of India apart from being in violation of principles of natural justice and fair play and consequently direct the respondents 2 and 3 to delete the petitioners land of an extent of 33 cents in Sy No. 137/1 and 86 cents in Sy No. 137/2 in VUDA Chilkuri Joint Venture Lay Cut in L P No. 38 of 2007 and 14 of 2010 situated at Kapullupada Village Bheemunipatnam Mandal Visakhapatnam District and hand over the physical possession of the petitioners land to her forthwith pass.." 2., Heard Sri G.Sunaresan, learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Sri V.Surya Kiran Kumar, learned Standing Counsel for respondent Nos.2 & 4. Today, when the matter came up for hearing, learned Standing Counsel furnished a copy of instructions of Assistant City Planner, Zone-1, GVMC dated 06.02.2025, wherein it is stated that pending the present writ petition, the petitioner has also raised a complaint to Special Chief Secretary to relieve the grabbed land from the encroachers. In this regard the Joint Inspection was carried on dt.10.12.2024 by the Town Planning Staff, GVMC, VMRDA officials, and thereafter has instructed the S'"* respondent to remove 3. 3 the fencing of the said site and accordingly the fencing was also removed by the staff of the respondent. In view of the above instructions, as the 3’’^ respondent removed the fencing in the said site, this Court feels that no further cause survives in this writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no order 4. as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. SD/- A. VENUGOPALA RAO assistant registrar / //TRUE COPY// FiCER SEC To Sri G Sundaresan, Advocate [OPUC] KIRAN KUMAR, SC FOR VMRDA & MUDA 1. OneCCto 2. OneCCtoSRIVSURYA [OPUC] 3. One 4. Two CCS to GP for High Court of Andhra Pradesh. [OUT] 5. Two CD Copies CC to Sri Y Rama Rao, Advocate [OPUC] Municipal Administration & Urban Development, PRK high court DATED;14/02/2025 ^r^fANDS^ » 02 APR 2025 o\ *9 Current Section . ^ ^£^spatcv\^S-^ ORDER .No.39573 of 2014 \NP closing the wp WITHOUT COSTS