Extracted from the PDF above. The PDF is authoritative.
APHC010533672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 5 CO THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE LU o \ PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27702 OF 2025 Between:
1. Ambalal Patel, S/o. Dayalal Veerji Patel, Aged 72 years, R/o.24-110- 21/10, Meena Residency Gajuwaka Visakhapatnam District.
2. Mutyala Ravikumar, S/o. Venkata Ratnam, Aged 41 years, R/o. D. No. 5-80, Pedaparipudi, Krishna District. Organizer of Sri Vinayaka Trade Fair Exhibition. ■■ ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Amaravathi.
2. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Anakapalli Zone (VII), Rep by its Zonal Commissioner. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate
order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the endorsement issued by the 2""^ respondent in ROC No. 591 / 2025 / G2 Dt. 15-09-2025 rejecting permission for conducting Sri Vinayaka Trade Fair Exhibition at the premises of an extent of Ac. 1.50 cts in TS No. 813 of Anakapalli Town on the ground
7 the WP No. 17286 / 2022 is pending is illegal, arbitrary and violative of principles of natural justice and contrary to law consequently directing the 2nd respondent to accord permission to the 2"'^ petitioner to for installation and conduct of the Sri Vinayaka Trade Fair Exhibition at the said premises for a period of 46 days from the date of permission.
lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No. 2 to consider the request of the petitioners to grant permission for conducting Sri Vinayaka Trade Fair Exhibition at premises fn an extent of Ac. 1.50 cts in TS No. 813 of Anakapalli for a period of 46 days from the date of permission by suspending the endorsement in reference Rdc No. 591 / 2025 / G2 dt. 15-09-2025. Counsel for the Petitioners: SRI T. V. S. PRABHAKARA RAO Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nb.2 : SRI A.S.C. BOSE, SC FOR GVMC The Court made the following order:
// APHC010533672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27702/2025 Between:
1.AMBALAL PATEL, S/O. DAYALAL VEERJI PATEL, AGED 72 YRS RESIDENCY R/0.24-110-21/10 MEENA VISAKHAPATNAM DISTRICT. GAJUWAKA 2.MUTYALA RAVIKUMAR,, S/O. VENKATA RATNAM, AGED 41 YRS, R/0. D. NO. 5-80, PEDAPARIPUDI, KRISHNA DISTRICT.
ORGANIZER OF SRI VINAYAKA TRADE FAIR EXHIBITION. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI. 2.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, ANAKAPALLI ZONE (VII), REP BY ITS ZONAL COMMISSIONER. ...RESPONDENT(S): Counsel for the Petitioner(S):
1. T V S PRABHAKARA RAO Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP
2 The Court made the following:
ORDER:- The learned counsel for the petitioners submits that the petitioners are aggrieved by the endorsement dated 15,09.2025 whereby the petitioners’ application for conducting Sri Vinayaka Trade Fair Exhibition from 15.09.2025 to 31.10.2025 was rejected on the ground that W.P.No. 17286 of 2022 is pending consideration before this Court.
2. It is submitted that the petitioners had filed O.S.No.138 of 1984 which was decreed and subsequently A.S.No.1901 of 1989 was filed by the State, which was dismissed. Unmindful of the title being devolved on the petitioners by the competent Court, the respondents were trying to interfere with the petitioners’ possession, and as such the petitioners filed W.P.No.17286 of
2022. This Court, vide order dated 24.06.2022,
directed the respondents therein not to interfere with the peaceful possession of the petitioners.
3. It is further submitted that the State has not filed any Appeal against the
order passed in A.S.No.1901 of 1989 and thereby the order of the trial Court has attained finality. The petitioners intended to conduct a Trade Fair Exhibition on the land admeasuring Ac. 1.50 cents in T.S.No.813 of Anakapalli Town, which belongs to the petitioners. However, the 2^^^ respondent issued the impugned proceedings. It is also submitted that the petitioners have obtained a No Objection Certificate from the Regional Fire Officer, Visakhapatnam, for conducting the said Trade Fair Exhibition.
3 Considering the
submissions and after perusing the impugned proceedings, it is clear that the pendency of W.P.No.17286 of 2022 has nothing to do with the proposed Trade Fair Exhibition by the petitioners. That apart, considering the dates mentioned, the permission was sought from the 2"^^ respondent for the period from 15.09.2025 to 31.10.2025.
4. \
5. The
learned counsel for the petitioners further submits that the petitioners shall submit a fresh representation seeking permission afresh on the revised dates. The learned Standing Counsel appearing for the 2'^'^ respondent submits that the revenue authorities have a claim over the property and as such the permission was not accorded to the petitioners.
6.
7. If that be the case, there is no explanation as to why the authorities did not file an Appeal against the orders passed in O.S.No.138 of 1984 or A.S.No.1901 of 1989. This Court is of the considered view that this writ petition is disposed off at the admission stage, leaving it open to the petitioners to submit a fresh representation to the 2'"'^ respondent for conducting a Trade Fair Exhibition on the revised dates, and the 2''^ respondent, on receipt of such representation, shall pass necessary orders without reference to the pending W.P.No.17286 of 2022, as the same has nothing to do with the proposed Trade Fair Exhibition of the petitioners. No costs.
8.
4 As a sequel, miscellaneous petitions pending, if any, shall stand closed.
//TRUE COPY// Sd/- B. CHITTI JOSEPH DEPUTY REGISTRAR To.
SECTION OFFICER Department, State of
1. The Principal Secretary, Municipal Administration I Andhra Pradesh, Secretariat Buildings, Amaravathi.
2. The Zonal Commissioner Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Anakapalli Zone
3. One CC to Sri T. V. S. Prabhakara (VII). Rao, Advocate [OPUC]
4. Two CCS to GP for Municipal Admn and Urban Development High Court of A. P. [OUT]
5. One CC to Sri A.S.C. Bose, SC for GVMC
6. Two CD Copies (OPUC) Cnr
\ \ HIGH COURT DATED:09/10/2025 C.C. BY 10.10.2025
ORDER WP NO. 27702 OF 2025 g t D OCT 2025 ml, Current Section DISPOSING OF THE W.P.
WITHOUT COSTS