1 HN, J W.P.No.26506_2025 APHC010499482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26506/2025 Between: 1. RONANKI GANGADHAR RAO, S/O DURYODHANA, AGED ABOUT 37 YEARS, R/O DOOR NO.38-30-116/1, SAI NAGAR, MARRIPALEM, ...PETITIONERVISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI. 2. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3 3. THE CHIEF CITY PLANNER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 4. 4. THE ZONAL COMMISSIONER, ZONE-5, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GNANAPURAM, VISAKHAPATNAM. 5. THE ASSISTANT CITY PLANNER, ZONE-5, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GNANAPURAM, VISAKHAPATNAM. 6. 6. R BADRAKSHI, W/O NOT KNOWN TO THE PETITIONER, R/O D.NO.32-30-117, SAI NAGAR, 12TTH LANE, REVENUE WARD NO.40, 2 HN, J W.P.No.26506_2025 MARRIPALEM, VISAKHAPATNAM-530018 ...RESPONDENT(S): 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 topleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 to 5 in preventing the illegal construction being undertaken by the 6TH Respondent by encroaching into the CC road by deviating BA.NO.1086/2124/B/Z5/JAR/2024 dated 14.07.2024 as illegal, arbitrary, unjust and violative of principles of natural justice and consequently direct the Respondents 2 and 5 to remove the encroachments made by the 6TH Respondent by considering the legal notice dated 19.01.2025 issued by the Petitioner and pass such other or further order or orders as are deem fit and proper in the circumstances of the case. the approved building plan IA NO: 1 OF 2025 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 pleased to direct the Respondents 2 to 5 to take action against the 6TH Respondent in removing the illegal construction in respect of building situated in Sy No.85P, Sai Nagar 12TH lane, Marripalem, Visakhapatnam City by considering the registered lawyer’s notice dated 19.01.2025 and pass Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. 3 HN, J W.P.No.26506_2025 The Court made the following Order: 1. The petitioner is aggrieved by the inaction on the part of the respondent authorities in taking action against the alleged unauthorized construction undertaken by the 6th respondent. It is submitted that the petitioner has left a portion of the land for road purposes; however, the 6th respondent is constructing by encroaching on the road without maintaining the requisite setbacks. In this regard, the petitioner submitted a representation dated 19.01.2025; however, the respondent authorities have not taken any action against the respondent No.6. 2. The learned Standing counsel appearing for the respondent Nos.2 to 5submits that the petitioner has left the setbacks for the road purposes and that the 6th respondent has not left any setbacks. Though the 6th respondent has not encroached on the road, appropriate action would be taken by the construction undertaken in deviation from the sanctioned plan. 3. Recording the same, the writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 06.10.2025 NKA 4 HN, J W.P.No.26506_2025 738 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.26506 of 2025 Date: 06.10.2025 NKA