APHC010620282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 32037 & 30224 OF 2025 WRIT PETITION NO: 32037 OF 2025 Between: 1. GEDDAM VENKATESWARA RAO, , C/O CHINNA SATYANARAYANA, AGED 55 YEARS, OCC TENANT OF SHOP NO.2 AT MINDI, BLOCK- A, AUTONAGAR, VISAKHAPATNAM. 2. BAYYA MALLAIAH,, S/O LATE VENKANNA, AGED ABOUT 56 YEARS, OCC BUSINESS, R/O D.N0.411-B, STEEL PLANT, SECTOR- IV, NEAR SECTOR-V BUS STOP, UKKUNAGARAM, PEDDAGANTYADA, VISAKHAPATNAM - 530032. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY. ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY. ITS PRINCIPAL SECRETARY, DEPARTMENT OF YOUTH SERVICES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4. THE AP SOCIETY FOR TRAINING EMPLOYMENT AND PROMOTION, GOVERNMENT OF ANDHRA PRADESH, REP BY ITS MANAGING DIRECTOR, VIJAYAWADA. 5. THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, REP BY ITS VICE CHAIRMAN, VISAKHAPATNAM, 2 VISAKHAPATNAM DISTRICT 6. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT 7. THE CHIEF EXECUTIVEOFFICER, SETVIS, YUVAJAN BHAVAN, MAHARANIPETA, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. SOMISETTY GANESH BABU SC For VUDA and MUDA 4. GP FOR YOUTH SERVICES WRIT PETITION NO: 30224 OF 2025 Between: 1. BOLLAM KOTHAYYA, S/O BOLLAM KATCHERU, AGE 66 YEARS, SHOP NO. 11, SETVIS SHOPPING COMPLEX, 0PP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O 30-25-23/3, LAKSHMI PURAM COLONY, NEAR SATYA SAI BABA SEVA SAMITHI, DUVVADA, VISAKHAPATNAM-530046. 2. NAGABATHULA SURYAPRAKASARAO, S/O NAGABATHULA SUBHRAMANYAM, AGE 73 YEARS. SHOP NO.10, SETVIS SHOPPING COMPLEX, 0PP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O PLOT NO.4, BLOCK-11, JNNURM HOUSING COLONY, DARIVANIPALEM, DUVVADA, VISAKHAPATNAM-530046. 3. KAMAKULA KUMARI, W/O KAMAKULA DEMUDU, AGE 44 YEARS. SHOP NO. 14, SETVIS SHOPPING COMPLEX, OPP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O H-N-261, SIRIKIPALEM, JAMI, VIIZIANAGARAM DISTRICT-535240. 4. GOLLA LALITA KUMARI, W/O GOLLA GOPALA KRISHNA RAO, AGE 59 YEARS. SHOP NO.6, SETVIS SHOPPING COMPLEX, 0PP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O 2-1-12, RAMNAGAR, OPPOSITE BHPV, PENDURTHI, VISAKHAPATNAM-530012. 3 5. JALLI RANI, W/O LATE JALLI RAMA RAO, AGE 60 YEARS. SHOP NO.4, SETVIS SHOPPING COMPLEX, OPP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, -M- R/O 2-6-4, RAMNAGAR, MINDI, GAJUWAKA, PEDAGANTYADA, VISAKHAPATNAM-530012. 6. BHUPATI MARY SOWJANYA, W/O BHUPATI RAGHAVULU, AGE 60 YEARS, SHOP N0.1, SETVIS SHOPPING COMPLEX, 0PP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O 2-1-7/1, RAMANAGAR, BHPV, PEDAGANTYADA MINDI, VISAKHAPATNAM-530012. 7. MATTA SYAMALA KUMARI, W/O MATTA PULLAIAH, AGE 59 YEARS. SHOP N0.3, SETVIS SHOPPING COMPLEX, 0PP. BHPV TOWNSHIP GATE, VISAKHAPATNAM, R/O 38-33-27, ANDHRAKESARI NAGAR, WARD-40, MARRIPALEM, VISAKHAPATNAM-530018. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF YOUTH SERVICES, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE CHIEF EXECUTIVE OFFICER, SETVIS (SKILL AND ENTREPRENEURSHIP DEVELOPMENT AND TRAINING VOCATIONAL INSTITUTE SOCIETY), ZILLA PARISHAD ROAD, MAHARANIPETA, VISAKHAPATNAM. 4. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION GVMC, REP BY ITS COMMISSIONER, VISAKHAPATNAM, ANDHRA PRADESH, 530 001. R4 IS IMPLEADED AS PER THE COURT'S ORDER DT.04.11.2025.IN WRIT PETITION AND AFFIDAVIT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. ARUN SHOWRI G Counsel for the Respondent(S): 1. GP FOR SPORTS 2. GP FOR REVENUE 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4 The Court made the following common order: Since the issue involved in the Writ Petitions is one and the same, it is appropriate to dispose of the cases by way of a ‘Common Order’. 2. Heard Sri G.Arun Showri, learned counsel for the petitioners in W.P.No.30224 of 2025 and Sri T.Harsha Sai Pavan, learned counsel appearing for Sri Dasari SVVSV Prasad, learned counsel for the petitioner in W.P.No.32037 of 2025, Sri Harsha S.Ammineni, learned counsel appearing for Sri A.S.C.Bose, learned Standing Counsel for GVMC and Ms. Chandu Bala Anupama, learned counsel appearing for Sri Y.Koteswarao, learned Standing Counsel for Panchayat Raj appearing for the respondents. 3. Pursuant to the directions of this Court dated 12.11.2025, the 4th respondent had the inspection of the subject building regarding its structural strength conducted by the Civil Engineering Department of Andhra University. The technical experts from the said University, after conducting the inspection, submitted a report. The Greater Visakhapatnam Municipal Corporation (GVMC) submitted the same to this Court as obtained from Andhra University. A perusal of the report would reflect that the subject building is in a dilapidated condition. Therefore, they have opined that it should be demolished as early as possible. 4. Although notice was served on the 7th respondent in W.P.No.32037 of 2025, there is no appearance on behalf of the said respondent. 5 5. Having regard to the said report of the Andhra University, this Court is not inclined to issue any Mandamus in respect of the impugned proceedings. However, the learned counsel appearing for the petitioner(s) has submitted that a representation has been made seeking an alternate shop. Since the representation filed by the petitioner(s) is still pending before the authorities, the petitioner(s) pray for a direction to the respondents to consider the representation. 6. Having regard to the facts and circumstances, this Court deems it appropriate to dispose of the writ petition with a direction to the Collector and the Chief Executive Officer of the 7th respondent to consider and dispose of the representation of the petitioner(s) within a period of four weeks from the date of receipt of a copy of this order. The GVMC is also directed to oversee the vacating of the subject premises by the petitioner(s). 7. The petitioner(s) shall take all necessary steps to vacate the subject premises not later than two weeks from the date of receipt of the order. 8. Accordingly, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, miscellaneous application pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 04.12.2025 BSK 6 28 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 32037 & 30224 OF 2025 Date: 04.12.2025 BSK