IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3585 OF 2025 Between: Sai Lakshmi Women Self Help Group, R/o. Door No.20/27, Akula Street, Kadapa City, Y.S.R District rep., its President, Bandaru Naga Mallika, W/o. Bandaru Siva Kesava, aged about 45 years. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Kadapa Municipal Corporation, Kadapa, Y.S.R District, rep., by its Commissioner. 3. The Town Planning Officer, Kadapa Municipal Corporation, Kadapa Y.S.R District. 4. The Municipal Corporation Primary School, 18th Ward, Kadapa City, Y.S.R District rep., by its Head Master. 5. The Project Officer, Sarva Siksha Abhayan, Kadapa, Y.S.R. District. ...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 Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings in Roc.No.1516/2025/G1, dated 07.02.2025 issued by the respondent No.2 ordering the Petitioner to vacate the premises of the / respondent No.4 School and handover the R.O. Machinery immediately to the Water Plant equipment respondent No.5 stating that several complaints have been received from the parents of the students and the Hp|d«,Master of the respondent No.4 School that the R.O. causing' disturbance to the School Water Plant is environment, without putting the petitioner on prior notice about the alleged disturbance from the year, 2016 at any point time as arbitrary, illegal, violative of the principles of natural justice and contrary to the well established legal principles violative of the fundamental rights guaranteed apart from being to the petitioner under the Constitution of India and consequently set aside the Proceedings in Roc.No.1516/2025/G1, dated 07.02.2025 issued by the respondent No.2. Articles, 14, 19 and 21 and 300-A of lA NO: 1 OF 7()9R Petition under Section 151 circumstances stated in the affidavit filed i Court may be pleased CPC is filed praying that in the - in support of the petition, the High may be pleased stay all further proceedings in pursuance of the Proceedings in Roc.No.1516/2025/G1, dated 07.02.2025 issued by the respondent No.2, pending disposai of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 to 4: SRI A S C BOSE (SC FOR municipal CORPORATIONS) Counsel for the Respondent No.5: MRS. SUDHARANI The Court made the following: ORDER 1 APHC010068192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3585/2025 Between: ...PETITIONER Sai Lakshmi Women Self Help Group AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ■dt 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: ‘‘....may be pleased to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings in Roc No.1516/2025/G1 dated 07.02.2025 issued by the respondent No.2 ordering the Petitioner to vacate the premises of the respondent No. 4 School and handover the R.O Water Plant equipment Machinery immediately to the respondent No. 5 stating that several complaints have been received from the parents of the students and the Head Master of the respondent No.4 School that the R.O Water Plant is causing disturbance to the School environment without putting the petitioner on prior notice about the alleged disturbance at any point time from the year 2016 as arbitrary illegal violative of the principles of natural justice and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 and 300-A of the Constitution of India and consequently set aside the Proceedings in Roc No 1516/2025/G1 dated 07.02.2025 issued by the respondent No 2 and pass such ” 02. The case of the petitioner is that they made a representation to the Municipal Standing Committee for establishment of a water plant, considering their representation the Municipal Standing Committee has passed a resolution to allot Ac.0.001 14 cents land in one corner of the 5*'^ respondent school to establish a Mineral Water Plant vide resolution No.181 in ROC.No.1243/2016/G1, dated 20.10.2016 after obtaining prior consent from the Head Master of the School. 3 While things thus stand, the 2 cum-order vide Roc.No.1516/2025/G1, water plant from the school following the due nd respondent has issued proceedings- dated 07.2.2025 directing to evict the premises. The respondent authorities process of law and without without assigning any reason have to vacate the school issued proceedings directing the petitioner also seized the water plant premises and petitioner prays to pass machinery. As such, the appropriate orders protecting her interest. 03. Heard Sri V.R.Reddy Kovvuri, learned Government Pleader learned counsel for the for Municipal Administration petitioner and and Urban for respondent respondent No,5. matter came up for hearing, the learned Standing Development and Sri A.S.C.Bose Nos.2 to 4. Mrs.Sudharani, Today, when the learned Standing Counsel learned Standing Counsel for 04. Counsel appearing on behalf of the 2’^^ instructions, wherein it is stated that it i respondent furnished the copy of the IS come to the notice of the 2 petitioner is nd respondent that the disturbances to the school school children. The i water plant installed by the causing atmosphere and creating inconvenience for the instructions further shows that the water plant should school premises have been constructed in the open space within the the estimates approved by the Municipal Corporation the petitioner as per but contrary to the room belonging to the is clear violation of terms same organization by occupying the school running the commercial water plant which i school 4 nd respondent issued notice to the and conditions. Consequently the 2 petitioner dated 02.01.2025 and 10.01.2025 directing the petitioner organization to vacate the school premises but despite receiving notices the petitioner neither responded nor vacated the premises. The instructions further shows that the 2""' respondent followed the due process of law by issuing proceedings vide Roc.No.1516/2025/G1, dated 07.02.2025. But as the nd respondent-Municipal petitioner did not vacate the premises, the 2 Corporation seized the water plant by duly following the procedure by way of panchanamma. The petitioner organization was granted Rs.3,00,000/- through MPLADS. If any additional amount was spent on the water plant machinery. this Corporation will return the machinery to the petitioner. Perused the material available on record. 05. nd On a perusal of the record, it shows that the only grievance of the 2 respondent authority is that in view of the construction of water plant in the school premises it is causing disturbances to the school atmosphere and creating nuisance and inconvenience to the school going children. Infact the said water plant should have been constructed in the open space within the school premises with a shed as per the estimates approved by the Engineers. It the contention of the respondent authorities that the petitioner by occupying the class room in the school is running commercial water plant which is clear 06. I violation of terms and conditions. 5 07. Having regard to the facts the fact that the going into the merits of the and circumstances of the water plant is seized by the case and in view of respondent authorities, without appropriate to direct the over the water plant machinery seized by them case, this Court feels it respondent authorities to hand to the petitioner iin accordance with law. Accordingly, this petitioner to make a Corporation seeking to handover the writ petition is disposed of, giving liberty to the representation to the 2 nd respondent-Municipal water plant machinery and 2"“ respondent shall consider the on such representation being made the handover the water plant There shall be same and machinery seized by them iin accordance with law. no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall Stand closed. SOI- N NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Municipal Administration u Secretariat Buildings Velagapudi, Amaravathi, Guntur District 2. me Commissioner, Kadapa Municipal Corporation District, rep., by its. ^ Y^S f^District*^^^''^^ Officer, Kadapa Municipal Corporation KadapfcV^ Y%®.R Disfricr' School, 18th Ward, 6 One CC^to SR?V®R r®IL® Abhayan, Kadapa, Y.S.R. District. ?■ ^ ^ Reddy Kovvuri Advocate [OPUCl ^ [ORJC]" ^ S 0 Bose, SC for Municipal Corporations 8. One CC to Mrs. Sudharani, Advocate [OPUCl ^ PradSh^[OUTf ’^‘^f^cipal Admn Urban Dev 10. Three CD Copies Department, Kadapa, Y.S.R Kadapa, Advocate High Court of Andhra TF HIGH COURT DATED:11/02/2025 ORDER WP.No.3585 of 2025 5 0 5 MAR 2(l?5 O' "’i ^ . Current deciion DISPOSING OF THE W.P., WITHOUT COSTS