IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 43 OF 2025 Between: Darla Uday Kumar, S/o.Francis, Aged about 50 years, R/o.D.No.20-128 Venkateswaranagar, Gollapudi, Vijayawada Rural, NTR District. ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi. The District Collector, O/o. CollectorateOld Sub-CollectorOffice, M.G. Road, Vijayawada, N.T.R. District. The Sub Collector, Opposite Radio Station, Old Montessori School, M.G.Road, Vijayawada, N.T.R. District. Vijayawada Municipal Corporation, Rep, by the Commissioner Jawaharlal Nehru Building Complex, Vijayawada, N.T.R. District. The City planner, Vijayawada Municipal Corporation, Vijayawada,N.T.R. District. The Commissioner of Police, Pingali Venkaiah Marg, Near PWD Ground, Suryaraopeta, Buckinghampeta, Vijayawada, N.T.R. District. Deputy Educational Officer, K-Section, Vijayawada Municipal Corporation, Jawaharlal Nehru Building Complex, Vijayawada, N.T.R. District. Superintendent Engineer, Andhra Pradesh Central Power Distribution Corporation Limited, Near P.W.D. Grounds, Vijayawada, N.T.R. District. 1. 2. 3. 4. 5. 6. 7. 8. 9. The Tahsildar, West Vijayawada, Bhavanipuram West, Vijayawada N.T.R. District. 10.The Head Master, Mohammadalipuram Municipal School, Near Gandhi Bomma, Wynchpet, Vijayawada, N.T.R. District. 11 .Shaik Hassan Basha @ Bashi, S/o. Saleha, Aged about 47 years, R/o Flat No.205, Padmavathi Apartments, 0pp. Current Office, New Rajeswaripet, Vijayawada, N.T.R. District. ... 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 to declare the action of respondents in not stopping the illegal and unauthorized construction being made by the 10th respondent on the Public Road at Muhammadalipuram Municipal School, Opposite Hajia Masjid, Panja Center, Vijayawada est, N.T.R. District As illegal, arbitrary and violation of fundamental rights guaranteed under constitution of India. Consequently direct the respondents to stop the 10th respondent from erecting an illegal and unauthorized construction on the Public Road at Muhammadalipuram Municipal School, Opposite Hajia Masjid, Near Gandhi Bomma Center, Wynchpet, Vijayawada West, N.T.R. District. lA 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 to direct the respondents particularly the 2'"'^ respondent to the consider the representation of the petitioner dated:06-11-2024 and to stop the 10**^ respondent from erecting an illegal and unauthorized construction the public road at Muhammadalipuram Municipal School, Opposite Hajia Masjid, Near Gandhi Bomma Center, Wynchpet, Vijayawada West, N.T.R. District., pending disposal of the W.P. P.I.L. Counsel for the Petitioner: SRI CHALLA AJAY KUMAR Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent Nos.2, 3 & 9 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY Counsel for the Respondent Nos.7 & 10 : GP FOR EDUCATION Counsel for the Respondent No.8 : SRI V.V. SATISH, SC FOR APEPDCL Counsel for the Respondent No.6 ; GP FOR HOME Counsel for the Respondent No.11 : SRI M.V. RARAM The Court made the following: ORDER !}fadt<RCJ WP((PIL)^o.43 of2025 % 1 APHC010083802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3483] WP(PIL) NO: 43/2025 Between: Darla Uday Kumar ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1.CHALLA AJAY KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR EDUCATION 3.GP FOR MUNCIPAL ADMN URBAN DEV 4.GP FOR REVENUE 5.CORPUS JURIS LAW PANEL LLP CORAM: THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 16.04.2025 ORDER (Per Sri Justice Ravi Cheemalapati) Through this Writ Petition filed in the nature of Public Interest Litigation, the petitioner wants to declare the action of official respondents in not removing the illegal and unauthorized construction made by respondent no.11 on the Public Road, as illegal. JfCjQZ‘KCJ ^W((pIL) !Ko. 43 of2025 2 2. The case of the petitioner, in brief, is that respondent no. 11 erected a shed illegally and without any permission from the concerned authorities for the purpose of running a Food Stall business (Haleem Stall) on the public road thereby causing severe inconvenience to ingress and egress of school going children and the commuters. That in the previous year, when respondent no. 11 constructed illegal food stall, the petitioner filed W.P.(PIL) No.69 of 2024 and the same was disposed of as infructuous. That the petitioner made representation on 06.11.2024 to the respondents requesting them to refrain the respondent no. 11 from erecting stall on public road, however, the said representation was neither considered nor was the issue resolved. Hence, the writ petition. 3. Heard Sri Challa Ajay Kumar, learned counsel for the petitioner and Sri M. .VRajaram, learned counsel for respondent no. 11. 4. Sri Challa Ajay Kumar, learned counsel for the petitioner, in elaboration would contend that every year the petitioner was erecting food stall during RAMADAN month causing inconvenience to ingress and egress of commuters as well as school going children and also health hazards to residents of the locality. He further contended that the representation made by the petitioner was of no avail and hence the petitioner was constrained to % %i^((PIL)9{o.43 of2025 file this Public Interest Litigation. Accordingly, prayed to allow the petition. writ 5. On the other hand, Sn M. .VRajaram, learned counsel for respondent no. 11 would submit that Haleem stall was erected after getting necessary permissions from all the authorities concerned as is evidence by orders dated 17.02.2025 passed in Writ Petition No.3872 of 2025. The learned counsel would further contend that though so many Haleem stalls were permitted to be erected in and around the subject place, the petitioner had singled out respondent no. 11, with a view to blackmail him for premium as if his shop alone was causing inconvenience to the commuters and hazardous to public health. The petitioner, with a view to achieve his goal of getting resorted to filing series of writ petitions against respondent no. 11 thereby causing harassment and mental agony. The writ petition is meritless and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition. money. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. The proceedings dated 17.2.2025 issued by the Commissioner, Vijayawada Municipal Corporation would go to show that Haleem and Faloods Stalls Welfare Association, Vijayawada was granted no objection certificate to erect Haleem & Falooda Stalls on the eve of Ramadan Festival at Panja WF(<PIL) !Ko. 43 of2025 4 Centre. The said Welfare Association comprises as many as 35 members as could be seen from list of the members of the said association placed on record and respondent no. 11 is one among them figured at serial no. 15. 8. The documents placed on record by respondent no. 11 would clarify that all necessary permissions that are required for running a food stall were obtained including from Police & Fire departments. 9. The documents would also indicate that permission to run haleem centers was accorded for a period of 32 days from 01.03.2025 to 01.04.2025. Further, number of haleem centers were permitted to be erected besides the haleem shop of respondent no. 11 and admittedly all the shops were erected on road margin like that of respondent no. 11 in and around the same center. 10. It is curious enough to note that the petitioner did not raise any objection against any of the haleem centers except against respondent no. 11. It is relevant here to note that earlier also the petitioner filed writ petition of similar nature against the haleem center of respondent no. 11 leaving all other haleem centers. This strengthens the contention raised by learned counsel for respondent no. 11 that the petitioner has filed the present petition for ma/a fide reasons. •>{C3€i<R£3 ' n^(<PIL)U\ro.43 of2025 11. In view of the above, this Court feels that the petitioner wants to use Public Interest Litigation, which is designed to be used as a tool for promoting social justice and ensuring the rights of marginalized vulnerable sections of society, as a weapon to achieve his illegal motive. Thus, there is sheer abuse of process of law committed by the and petitioner for improper or unjust purposes. Therefore, this is a fit case to impose costs the petitioner for using this Court as a means to harass with a view to derive on benefit out of it. 12. For the reasons stated supra, this Writ Petition (PIL) is dismissed with costs of Rs.50,000/- (Rupees fifty thousand only) to be paid in the account of the State Legal Services Authority within one (01) month from today to be used for the benefit of the hearing and the visually impaired. There shall be no costs of this petition. Pending miscellaneous petitions, if any, shall stand closed. Sd/- U SRI DEVI ASSISTANT. REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Darla Uday Kumar, S/o.Francis, Aged about 50 years, R/o.D.No.20- 128, Venkateswaranagar, Gollapudi, Vijayawada Rural, NTR District. 2. One CC to Sri Chalia Ajay Kumar, Advocate [OPUC] 3. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. The Secretary, A.P. Legal Service Authority, 2-273, 554 A’ DSR Commercial Complex, Malakapuram Village, Near Secretariat to Tropic Police Station, Guntur - 522238 6. Two CCs to GP for Education, High Court of Andhra Pradesh [OUT] 7. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 8. One CC to Sri V.V. Satish, SC for APEPDCL (OPUC) 9. One CC to Sri M.V. Rajaram, Advocate (OPUC) 10.Three C.D. Copies. Cnr HIGH COURT DATED:16/04/2025 ORDER WP(PIL).No.43 of 2025 DISMISSING THE WP(PIL) WITH COSTS