IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT1 (Special Original Jurisdiction) Jt r WEDNESDAY, THE TWENTY SIXTK DAY OF MARCH TWO THOUSAND AND TWENTY FIVE O PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 209 OF 2023 Between: Godavarthi Chaitanya Jyothi, W/o. Godavarthi Vasu, aged 41 years, R/o. D. No. 20/169-18, Brahmapuram, Machilipatnam Town and Mandal, Krishna District. Aadhar Card No. 7597 8355 1024 Mobile No. 6305655899 Bank Account No. 115510100102086 Union Bank of India, Zilla Parishad Branch, Machlipatnam, Andhra Pradesh, PIN-521 002. ... PETITIONER AND 1. State of Andhra Pradesh, Rep. by- Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Eluru Municipal Corporation, Rep. by its Commissioner, Eluru, Eluru District, Erstwhile West Godavari District. 3. Director and Commissioner of Municipal Department, Government of Andhra Pradesh, Amaravati, Guntur District. 4. Secretary, Eluru Municipal Corporation, Eluru City, Eluru District. 5. State of Andhra Pradesh, Rep. by- Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 6. District Collector, Eluru District at Eluru, Erstwhile West Godavari District. 7. Revenue Divisional Officer, Eluru, Eluru District, Erstwhile West Godavari District. 8. Tahsildar, Eluru Mandal, Eluru District, Erstwhile West Godavari District. 9. lykya Kapunadu Charitable Trust, Rep. by its Manager, Kurella .Ramprasad, S/o. Someswara Rao, Aged 58 years, Kurellavari Street %enagapappu Bazaar, Southern Street, Eluru City, Eluru District, Erstwhile West Godavari District. •'•V*'.,. tu- ... RESPONDENTS 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 allotment of public road situated in A-Ward, Block No. 18 and 21 in T.S No. 1689/1, 1689/2 and 1372 (P) admeasuring 1243.11 sq. yds. of Eluru Municipal Corporation Limits and further fitness center-cum-sports ground site of 1070.77 sq. yds. in A-Ward, block No. 18 and 21 T.S. No. 1379, 1380 and 1381 of Eluru Municipal Corporation Limits in favour of 9*^ respondent by GBR No. 94, dt. 19.10.2023, as illegal, irregular, irrational and violative of provisions of Greater Hyderabad Municipal Corporations Act, which is made applicable to the 2"^^ respondent and also amounts to non discharge of legal obligation to protect public roads and sites under that statute and offends articles 14, 19 and 21 of Constitution of India and consequently direct the respondents 1 to 8 to protect the said site for intended purpose of public road and utilization of fitness and sports ground utilization without allowing any encroachment illegal structures to come thereon. or lA NO: 1 OF 2023 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 suspend the resolution in GBR No. 94, dt. 19.10.2023 passed by 2nd respondent, thereby allotting public road situated in A-Ward, Block No. 18 and 21 in T.S No. 1689/1, 1689/2 and 1372 (P) admeasuring 1243.11 sq. yds. of Eluru Municipal Corporation Limits and further site of 1070.77 yds. in A-Ward, block No. 18 and 21 in T.S. No. 1379 and 1380 and 1381 of sq. <4 Eluru Municipal Corporation Limits in favour of 9th respondent and consequently direct the respondents 1 to 8 to protect the said site for intended purpose, of public road and utilization as fitness and sports ground without allowing any encroachment or illegal structures to come up thereon, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI RAJA REDDY KONETI Counsel for the Respondent Nos.1 & 3: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 4: SRI A.S.C. BOSE, SC FOR MUNICIPALITY Counsel for the Respondent Nos.5 to 8 : GP FOR REVENUE Counsel for the Respondent No.9 : NONE APPEARED The Court made the following: ORDER Bench Sr.No;-18 [3483] APHC010607872023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 209 of 2023 ...Petitioner Godavarthi Chaitanya Jyothi Vs. ...Respondents State of Andhra Pradesh and others ********** Sri Raja Reddy Koneti Learned Government Pleader for Revenue, Sri A. S. C. Bose. Advocate for Petitioner Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 26th March 2025 PC : The order which was impugned in the present petition (PIL) is withdrawn by virtue of order dated 24.12.2024. Copy of the same is taken on record. 2. In that view of the matter, learned counsel for the petitioner does not 3. wish to prosecute the petition any further. The proceedings are, accordingly, closed. No order as to costs. 4. 2 Pending miscellaneous applications, if any, shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTtdN OFFICER To One CC to Sri Raja Reddy Koneti, Advocate [OPUC] Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) Three C.D. Copies. 1. 2. 3. 4. 5. Cnr HIGH COURT CNR DATED;26/03/2025 ORDER 0 3 APK 2075 •K * Current Section * WP(PIL).No.209 of 2023 ?? •fX CLOSING THE WP(PIL) WITHOUT COSTS