Ir. IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE & o PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9252 OF 2015 Between: 1. Adi Lakshmi, W/o Rama Krishna, Hindu, aged 55 years R/o District ^'’''^''3'apudi, Machilipatnam, Krishna District^ Machilipatnam, Krishna ...Petitioners AND 1. The State of A.P., Rep. by its Principal Secretary Municioal Administration & Urban Development Department Hyderabad. Di^rS^Coilector, Collectorate Campus, Machilipatnam 3. The Superintendent of Police, Machilipatnam "■ EastSari arrct®"°'' Administration, Commissioner, ^ Mohan, S/o. Srinivasa Rao, Hindu, Aged 62 years ParasunelfM ^alyana Mandfpam Marasupeta, Machilipatnam, Krishna District. ^ Business'^RrRR F°' Aged 50 years, KrXa Disto Machilipatnam, Jea°rfRoiled Venkateshwara Rao, Hindu, Aged 35 District. Business, Chilakalapudi, Machilipatnam, Krishna A.P. Secretariat at Krishna Krishna District. Rajahmundry Machilipatnam 9. Kantheti Lakshmi Narasimha Prasad, S/o Ranganayakulu, Aged about 70 years Occ Agriculturist, R/o Opp to Tadepalli Vari Satram Machilipatnam, Bandar Mandal, Krishna District. Kantheti Naga Venkata Ranganayakulu, S/o Yethiraja Krishnananda Rao, Aged about 45 years, Occ Business K.L.N.Prasad Agencies, Convent Street, Vijayawada. Kantheti Satya Suresh, S/o Tethiraja Krishnananda Rao about 42 years, Occ Business, R/o C/o K.L.N.Prasad Agencies Convent Street, Vijayawada. - 10. R/o C/o % ? :X Aged 12. Kantheti Yethiraja Sampath Kumar, S/o Late Srinivasulu about 75 years, Occ properties, R/o D.No.22/9, Batchupet Machilipatnam, Bandar Mandal, Krishna District. Krichno^A S/o Late Dharmaraja Murali Krishna, Aged about 43 years, Occ Business, R/o D No 22/7 Batchupet, Machilipatnam, Bandar Mandal, Krishna District ’ Aged 13. 14. Jaya Anjaneya Mahesh Kumar, S/o Late Dharmaraja Murali Krishna, Aged about 42 years, Occ Business, R/o D No 22/7 Batchupet, Machilipatnam, Bandar Mandai, Krishna District. ...Respondents RR9 to 14 are impleaded of 2016 in Writ petition and Affidavit. as per Court Order dated 29.01.2025 in IA.No.01 Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction nature of Writ of Mandamus declaring the action of Respondents 1 to 5 in not taking any action against Respondents 6 to 8 when they are occupying the road by construction of wails beside D.No: 20/516-11-1 (2"“ Petitioner's house) across the road leading from Canady Road from D.No.20/516 (Addala Subramanyam's house) to D.No. Rao house's) in may more particularly one in the 20/516-29 (Bathina Sambasiva NGO Colony, Chilakalapudi, Machilipatnam District, which is illegal, irregular, highhanded contra A.P Municipalities Act 1965 Krishna to the provisions of and also contra to the Master Plan of Machiiipatnam Municipality and also in vioiation of Articie 14. 19, 21 and 300-A of Constitution of India consequently direct the Respondents to remove the walls constructed across the above said road and available the same for public usage. LA. NO: 2 OF 2015fWPMP. NO: 12186 OF 2015t 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 Respondents 1 to 5 to stop the construction of walls, further remove the walls constructed on road beside D.No: 20/516-11-1 {2nd Petitioner's house) across the road leading from Canady Road from D.No.20/516 (Addala Subramanyam's house) to D.No. 20/516-29 (Bathina Sambasiva Rao house's) in NGO Colony, Chilakalapudi, Machilipatnam, Krishna District, pending disposal of the main Writ Petition. I.A. NO: 1 OF 2015fWVMP. NO: 1847 OF 201.^^) Between: 1. Kantheti Krishna Mohan, S/o. Srinivasa Rao, Hindu, Aged 62 years, Occ: Medical Practioner, R/o. besides Suvarna Kalyana Mandapam Parasupeta, Machilipatnam, Krishna District. 2. Kantheti Ramesh, S/o. Name not known, Hindu, Aged 50 years Sc?^’ ^3''' <^®f^tre, Machilipatnam, Krishna ...Petitioners/6‘^ & 7*'’ Respondents made AND '' D Krishna, Hindu, aged 55 years, R/o Chilakalapudi, Machilipatnam, Krishna Mazahar Ali, Muslim, aged 69 years, R/o D.No: District Colony, Chilakalapudi, Machilipatnam, Krishna ...Respondents/Petitioners 3. The State of A.P., Rep. by its Principal Secretary, Municipal Administra^tion & Urban Development Department, A.P. Secretariat at nyaerabad. Disfrtef*"'^' Collector, Collectorate Campus, Machilipatnam, Krishna 5. The Superintendent of Police, Machilipatnam, Krishna District. 6. The Regional Joint Director, Municipal Administration, Rajahmundry, East Godavari District. 7. Machilipatnam Municipality, Rep. by its Commissioner, Machilipatnam Krishna District. 8. Chodisetti Durga Prasad, S/o. Venkateshwara Rao, Hindu, Aged 35 years. Rolled Gold Business, Chilakalapudi, Machilipatnam Krishna District. (R8 not necessary party in this petition) ...Respondents/1 to 5 & S*'’ Respondents 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 vacate the interim orders dt.06.04.2015 passed in W.P.No.9252 of 2015 and dismiss the same as devoid of merits. lA NO: 2 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 to grant leave permit to file reply affidavit by the Petitioner in WP.No. 9252 of 2015. Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondents No.l, 2 & 4: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondents: SRI J DILEEP KUMAR Counsel for the Respondents No.6 & 7: SRI S SRIDHAR Counsel for the Respondents No.9 to 14: SRI O MANOHER REDDY The Court made the following order: APHC010816092015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9252/2015 Between: Manepalli Adi Lakshmi, and Others ...PETITIONER(S) AND The State Of A P and Others Counsel for the Petitioner(S): 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.SSRIDHAR 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4.J DILEEP KUMAR 5.0 MANOHER REDDY The Court made the following: ...RESPONDENT(S) ORDER: The present Writ Petition came to be 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 Respondents 1 to 5 in not taking any action against Respondents 6 to 8 when they are occupying the road by construction of walls beside D.No: 20/516-11-1 (2nd Petitioner's house) across the road leading from Canady Road from D.No.20/516 (Addala Subramanyam's house) to D.No. 20/516-29 (Bathina Sambasiva Rao house's ) in NGO Colony, Chilakalapudi, Machilipatnam, Krishna District, which is illegal, irregular, highhanded contra to the provisions of A. P Municipalities Act 1965 and also contra to the Master Plan of Machilipatnam Municipality and also in violation of Article 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to remove the walls constructed across the above said road and made available the same for public usage...” The house of the 1®‘ petitioner is at D.No.20/516-1-3, NGOs colony, petitioner’s house is at D.No.20/516-11-1 in the very same road. In the said colony, the roads, electrical poles and drainage system is being maintained by the 5 respondent municipality. In the said colony, there exists a road which connects Hindu college road - Chilalakalapudi main road to noble college road; as the same is made of gravel, the petitioners along with others have made representation to the respondent to form a BT road. 2. nd Chilakalapudi, Machilipatnam and the 2 :th Pending the said representation, respondent Nos.6 to 8 are trying to occupy the said road as if it is a private land and in the said process, on 10.03.2015 the respondent Nos.6 to 8 have constructed walls beside the 2 petitioners house. Aggrieved by the same the petitioners and as well as the colony members of NGOs colony, Chilakalapudi, Machilipatnam have made several representations to the official respondents on several occasions, in 3. nd i- spite of which no action has been initiated against the respondent Nos.6 to 8. Hence the present writ petition is filed. 4. When the writ petition came up for hearing on 06.04.2015, this Court has passed the following interim order: Meanwhile, the official respondents shall ensure that unofficial respondents shall not interfere with the approach road to the petitioner premises." 5. Heard learned counsel for the petitioner and learned counsel for the respondents. appearing 6. Today when the writ petition came up for hearing, learned counsel for the petitioners submitted that the petitioners may be given liberty to submit a fresh representation to the Municipal Commissioner, Machilipatnam Municipal Corporation duly enclosing the requisite documents to prove that the unofficial respondents have constructed wall across the road near D.No.20/516-11-1 and D.No.20/516-1-2, within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respondent Municipal Commissioner is directed to conduct an enquiry and thereafter proceed further in accordance with law. Till such time, the official respondents shall ensure that unofficial respondents shall not interfere with the approach road leading to the petitioners’ premises. Accordingly, with the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 7. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- N NAGAWIMA assistAN^EGISTRAR ^ SEC^ OFFICER //true copy// To, ,,,.eP.nc:pa,Se„eta.,Mu™oiM^^^ Department, State ot M.r., n- Guntur District. 2. The District Collector, Collectorate Campus, Machilipatnam, Krishna District. 3. The Superintendent of Police, Machilipatnam, Krishna District. 4. The Regional Joint Director, Municipal Administration, Rajahmundry, East Godavari District. 5. The Commissioner, Machilipatnam Municipality, Machilipatnam, Krishna District. 6. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC] 7. One CC to Sri J Dileep Kumar, Advocate [OPUC] 8. One CC to Sri S Sridhar, Advocate [OPUC] 9. One CC to Sri O Manoher Reddy, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Municipal Administration & Urban Development Department, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. 11. 12. RAM HIGH COURT DATED:29/01/2025 S 17 MAR 2025 S ^ . Current decuon , ORDER WP.No.9252 of 2015 DISPOSING OF THE WP WITHOUT COSTS