1 HN, J W.P.Nos.28166 and 28167_2024 APHC010544102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28166/2024 Between: 1. CHITTEM SARASWATHI, W/O. CH. CHANDRASEKHAR REDDY, AGED ABOUT 45 YRS, OCC HOUSE WIFE, R/O. LAKSHMIPURAM (V), VEPAGUNTA POST, VISAKHAPATNAM. PETITIONER ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. 2. THE GREATER VISAKHAPATNAM MUNICIPAL COPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE CHIEF CITY PLANNER, G.V.M.C., ASILMETTA, VISAKHAPATNAM. 4. THE ZONAL COMMISSIONER, , ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 5. THE ASST CITY PLANNER, ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 6. THE TOWN PLANNING OFFICER, ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 7. THE WARD PLANNING SECRETARY, WARD SACHIVALAYAM-501, LAKSHMIPURAM(V), VEPAGUNTA POST, VISAKHAPATNAM-47. 8. BODDETI NOOKA RAJU, S/O.CHINNA APPARAO, AGED ABOUT 45 2 HN, J W.P.Nos.28166 and 28167_2024 YRS, OCC BUSINESS, R/O.D.NO.2-73/1, SAIRAM STREET, CHINTALA AGRAHARAM, LAKSHMIPURAM(V), VEPAGUNTA POST, VISAKHAPATNAM. ...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, order or direction more particularly one in the nature of writ of mandamus declaraing the action of the respondents especially the respondents 3 to 7 in interfering with the construction of the petitioner constructing in an extent of 100.28 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam basing on the complaint said to have been given by the 8th respondent and some others with regard to the width of the west side road of the petitioners property even though the petitioner is constructing the house after obtaining the building permit bearing No. 1086/3793/ B/ Z8/ LAM/2024 dated 23.09.2024 as it is illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents 3 to 7 not to interfere with the construction of the petitioner constructing in an extent of 100.28 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam and to pass IA NO: 1 OF 2024 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 3 to 7 not to take any coersive steps against the construction of the petitioner constructing in an extent of 100.28 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam as per building permit bearing No. 1086/3793/ B/ Z8/ LAM/2024 dated 23.09.2024, in the interest of justice and pass s Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.Nos.28166 and 28167_2024 APHC010544072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28167/2024 Between: 1. BODDU NARAYANA MURTHY, S/O.B.DEMUDU (LATE) AGED MAJOR, OCC BUSINESS, R/O. D.NO.9-114-6, BHAVANI NAGAR COLONY, PAPAYYARAJUPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. 2. THE GREATER VISAKHAPATNAM MUNICIPAL COPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE CHIEF CITY PLANNER, G.V.M.C., ASILMETTA, VISAKHAPATNAM. 4. THE ZONAL COMMISSIONER, ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 5. THE ASST CITY PLANNER, ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 6. THE TOWN PLANNING OFFICER, ZONE-8, G.V.M.C.,VEPAGUNTA POST, VISAKHAPATNAM-47. 7. THE WARD PLANNING SECRETARY, WARD SACHIVALAYAM-501, LAKSHMIPURAM(V), VEPAGUNTA POST, VISAKHAPATNAM-47. 8. BODDETI NOOKA RAJU, S/O.CHINNA APPARAO, AGED ABOUT 45 YRS, OCC BUSINESS, R/O.D.NO.2-73/1, SAIRAM STREET, CHINTALA AGRAHARAM, LAKSHMIPURAM(V), VEPAGUNTA POST, VISAKHAPATNAM. ...RESPONDENT(S): 4 HN, J W.P.Nos.28166 and 28167_2024 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, order or direction more particularly one in the nature of writ of mandamus declaraing the action of the respondents especially the respondents 3 to 7 in interfering with the construction of the petitioner constructing in an extent of 113.56 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam basing on the complaint said to have been given by the 8th respondent and some others with regard to the width of the west side road of the petitioners property even though the petitioner is constructing the house after obtaining the building permit bearing No.1086/3791/ B/ Z8/ l_AM/2024 dated 23.09.2024 as it is illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents 3 to 7 not to interfere with the construction of the petitioner constructing in an extent of 113.56 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam and to pass IA NO: 1 OF 2024 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 3 to 7 not to take any coersive steps against the construction of the petitioner constructing in an extent of 113.56 Sq. mts situated in Sy.No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam as per building permit bearing No.1086/3791/ B/ Z8/ LAM/2024 dated 23.09.2024, in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 5 HN, J W.P.Nos.28166 and 28167_2024 The Court made the following Common Order: 1. The petitioners have filed the present writ petitions, aggrieved by the action of the respondents in attempting to interfere with the construction activity of the petitioners in land forming part and parcel survey No.68/21 of Lakshmipuram Village, Vepagunta Post, Visakhapatnam District, based on a complaint alleged by a third party, claiming that the petitioner have encroached on the road and have been carrying out construction. 2. The 2nd respondent filed the counter-affidavit, duly stating that the Town Planning Staff visited the subject property and found that the construction was in accordance with the approved plan and that there was no encroachment as alleged. 3. It is also stated that the respondent authorities are not interfering with the construction activity of the petitioners. 4. Recording the same, the present writ petitions are closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 11.08.2025 NKA 6 HN, J W.P.Nos.28166 and 28167_2024 218 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.28166 and 28167 of 2024 Date: 11.08.2025 NKA