IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13341 OF 2014 •V -n ?av X 'k 0/ Cl Between: The Green Lands Colony Welfare Association, Rep. by its President Sri M. Murali Krishna, S/o M.V. Raghavulu, age 45 years, R/o LIG - 82, VUDA P- 6, Green Lands, Kurmannapalem, Gajuwaka, Visakhapatnam -46 ...PETITIONER AND 1. The Government of Andhra Pradesh, Rep. by Its Principle Secretary, Revenue Department, Secretariat, Hyderabad 2. The Collector & District Magistrate, Visakhapatnam District, Visakhapatnam 3. The Commissioner, Greater Visakha Municipal Corporation, (GVMC), Visakhapatnam 4. The Vice Chairman & Managing Director, Visakha Urban Development Authority, (VUDA), Visakhapatnam District 5. The Revenue Divisional Officer, Visakhapatnam District, Visakhapatnam 6. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue order, direction may or a writ more particularly one in the nature of WRIT OF MANDAMUS, declaring the action the respondents in not taking action against the illegal encroachments constructions across the 60 ft. canal (Gedda) in Sy.No.76 of Green Lands Colony, Kurmannapalem, r Visakhapatnam district and in not considering the representation of the Petitioner's Association dt. 19-04-2014 requesting to forthwith stop the illegal encroachments and constructions across the drainage canal (Gedda) as arbitrary, illegal, unjust and unconstitutional. I.A. NO: 1 OF 2014rWPMP. NO: 16690 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 to 6 to forthwith act on the representation submitted by the petitioner's Association dated 19-04-2014, pending disposal of the writ petition. I.A. NO: 2 OF 2014rWPMP. NO: 16691 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 stay the ongoing construction of any nature across the 60 ft. width drain canal (Gedda) in Sy.No.76 of Green Lands Colony, Kurmannapalem Village, Gajuwaka Mandal, Visakhapatnam District pending disposal of the above writ petition. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondent Nos.1,2, 5 & 6: GP FOR REVENUE Counsel for the Respondent No.3:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: SRI V. SURYA KIRAN KUMAR, SC FOR VMRDA & MUDA The Court made the following: ORDER Visakhapatnam district and in not considering the representation of the Petitioner's Association dt. 19-04-2014 requesting to forthwith stop the illegal encroachments and constructions across the drainage canal (Gedda) arbitrary, illegal, unjust and unconstitutional. as I.A. NO: 1 OF 2014fWPMP. NO: 16690 OF 20141 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 direct the respondents 2 to 6 to forthwith act on the representation submitted by the petitioner's Association dated 19-04-2014, pending disposal of the writ petition. I.A. NO: 2 OF 2014rWPMP. NO: 16691 OF 20141 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 stay the ongoing construction of any nature across the 60 ft. width drain canal (Gedda) in Sy.No.76 of Green Lands Colony, Kurmannapalem Village, Gajuwaka Mandal, Visakhapatnam District pending disposal of the above writ petition. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondent Nos.1,2, 5 & 6: GP FOR REVENUE Counsel for the Respondent No.3:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: SRI V. SURYA KIRAN KUMAR, SC FOR VMRDA & MUDA The Court made the following: ORDER APHC010557202014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] * FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13341/2014 Between: The Green Lands Colony Welfare Association AND The Government Of Andhra Pradesh Rep By Its Principle ...RESPONDENT(S) and Others Counsel for the Petitioner: ...PETITIONER 1.N SHOBA Counsel for the Respondent(S): 1. 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3.GP FOR REVENUE 4. The Court made the following: \ V. ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief;- ...to issue order, direction or a writ more particularly one in the nature of WRIT OF MANDAMUS, declaring the action the respondents in not taking action against the illegal encroachments constructions across the 60 ft. canal (Gedda) In Sy.No.76 of Green Lands Colony, Kurmannapalem, Visakhapatnam district and in not considering the representation of the Association dt.19-04-2014 requesting to forthwith stop the and constructions across the drainage canal Petitioner's illegal encroachments (Gedda) as arbitrary, illegal, unjust and unconstitutional and to pass.. Brief facts of the case are that VUDA has formulated a layout in Kurmannapalem village, Gajuwaka mandal, 2. Sy.No.68 and 69/P of Vi$akhapatnam district in the year 2005, which consists of 237 housing piots auctioned. The allottees have constructed in phase-6 and the same were houses in the said area and have named the area as Green Lands Colony and the members of the colony have formed an association namely Green Association vide registration No. 170 of 2005, which is Lands Colony Welfare the petitioner herein. When the petitioner association has identified certain illegal encroachments across the 60 feet canal (Gedda) in Sy.No.76 of Green Lands Colony, Kurmannapalem, Visakhapatnam district, they have submitted 19.04.2014 requesting the respondent authorities to stop a representation on the illegal encroachments across the said canal. Heard learned counsel for the petitioner, learned Government and Sri. V. Surya Kiran Kumar, learned Standing 3. Pleader for Revenue Counsel for VMRDS. for hearing, learned Today when the writ petition came up oral instructions has informed this Court upon physical 4. Standing Counsel, on verification, not found any illegal the respondent authorities have encroachments as contended by the petitioner’s association in the representation dated 19.04.2014, but, however has admitted that no orders were passed on the said representation informing the petitioner the same. In view of.the fact that the no orders were passed in pursuance of the representation made by the petitioner’s association on 19.04.2014, instead of going into merits, this Court feels it appropriate to dispose of the writ petition by directing the respondent Nos.2, 5 and 6 to pass appropriate orders on the representation submitted by the petitioner’s association dated 19.04.2014, within a period of two (2) weeks from the date of receipt of a copy of this order. 5. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 6. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. SD/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Collector & District Magistrate,Visakhapatnam District, Visakhapatnam 3. The Commissioner, Greater Visakha Municipal Corporation, (GVMC), Visakhapatnam 4. The Vice Chairman & Managing Director, Visakha Urban Development Authority, (VUDA), Visakhapatnam District 5. The Revenue Divisional Officer, Visakhapatnam District, Visakhapatnam 6. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District 7. One CC to Smt. N. Shoba, Advocate [OPUC] 8. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 9. One CC to Sri V. Surya Kiran Kumar, SC for VMRDA & MUDA[OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. HIGH COURT DATED:24/01/2025 ORDER X 19 FEB 2025 <5. ^j. ^ Current section WP.No.13341 of 2014 DISPOSING OF THE W.P. WITHOUT COSTS