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2025 DAILYLAW 48690 (AP)

MATTA SIVA PAVANI v. The State of Andhra Pradesh,

WP/33560/2025 · 2025-12-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010649292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33560/2025 Between: 1. MATTA SIVA PAVANI, W/O.M.NAGARAJU, AGED ABOUT 36 YEARS, R/O.D.NO.3-178-9, KAPIDA STREET, PEDANA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE PEDANA MUNICIPALITY, REP.BY ITS MUNICIPAL COMMISSIONER, PEDANA, KRISHNA DISTRICT. ...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 declaring the action of the respondents in collecting parking fee during the Sri Piydamma Ammavari Jathara festival for 11 days commencing from 04-12-2025 to 15-12-2025 at Pedana, Krishna District without there being any place earmarked for parking as arbitrary, illegal and violative of mandate provisions of A.P.Municipalities Act and rules made there under and consequently direct the respondents not 2 to collect parking fee from the devotees during the Sri Piydamma Ammavari Jathara festival for 11 days commencing from 04-12-2025 to 15-12-2025 at Pedana, Krishna District and pass IA 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 pleased to direct the 3rd respondent not to collect parking fee from the devotees during the Sri Piydamma Ammavari Jathara festival for 11 days commencing from 04-12-2025 to 15-12-2025 at Pedana, Krishna District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- Petitioner is aggrieved by the proposed auction for collecting parking fee during Paidamma Ammavari Jathara festival for 11 days commencing from 04.12.2025 to 15.12.2025 at Pedana, Krishna District. 2. Learned counsel for the petitioner submits that the 3rd respondent would have to earmark area for parking of vehicles and that without earmarking any area, the proposal for collecting parking fee cannot be permitted even as per the bit document. 3. Learned Standing Counsel appearing for the 3rd respondent, on written instructions, submits that the Jathara is an annual affair and every year the 3rd respondent conducts an auction for collecting the parking fee. It is submitted that areas surrounding the road and other bylanes are notified for parking. It is also submitted that by regulating the parking of vehicles, the free flow of devotees shall be ensured. Apart from that, the bid amount of the bidder shall be used for amenities such as sanitation, water supply and other expenses of the temple. It is also submitted very nominal fee is collected for parking. 4. Considering the submissions of the learned Standing Counsel for the 3rd respondent, this Court is not inclined to entertain the Writ Petition. 5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 03.12.2025 JLV