APHC010069232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3905/2024 Between: 1. SURAPANENI LAKSHMI PRASAD,, S/O LATE DORASWAMY NAIDU, AGE 73 YEARS OCC- BUSINESS, R/O FLAT NOS. 201 AND 202, KIRLAMPUDI LAYOUT, VISAKHAPATNAM -530017 2. SURAPANENI RADHA KRISHNA CHOWDARY,, S/O LATE DORASWAMU NAIDU, AGE 64 YEARS, OCC- BUSINESS, R/O FLAT NO. 202, PALM BEACH APARTMENTS, KIRLAMPUDI LAYOUT, VISAKHAPATNAM -530017 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT, OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT A.P, SECRETARIAT, ANDHRA PRADESH. 2. THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT, AUTHORITY, UDYOG BHAVAN, SIRIPURAM JN. VISAKHAPTNAM- 530003, REP. BY THE CHAIRPERSON 3. THE GREATER VISAKHAPTNAM MUNICIPAL CORPORATION, TENNATI BHAVAN. ASILIMETTA JN. VISAKHAPTNAM- 530003 REP. BY THE COMMISSIONER 4. THE MYTHREYA WELFARE SOCIETY, REGISTERED SOCIETY WITH REGISTRATION NO. 189/98, REP. BY ITS PRESIDENT, D.NO.68-8-24, BHANU STREET, DABHAGARDENS, 2 HN, J W.P.No.3905_2024 VISAKHAPATNAM ...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 tomay be pleased to issue an appropriate Writ, Direction or Order, particularly one in the nature of Mandamus a. Declare the inaction of the 2nd and 3rd Respondents in considering the legal notice dated 24-06-2023 and representations dated 23-11-2007, 18.07.2015, 13-10-2012 submitted by the Petitioners to the respondents with respect to the illegal construction of compound walls by the 4th Respondent into the 40 ft road earmarked for the layout-BLP/16/91 of the Petitioners situated in Survey No. 87/12, Yendada Village, Chinnagadili Mandal, Visakhapatnam as being arbitrary and illegal and violative of the provisions of the AP Urban Areas (Development) Act, 1975. b. direct the 2nd and 3rd Respondents to duly consider the legal notice dated 24-06-2023 issued to them apart from the various representations dated 23-11-2007, 18.07.2015, 13-10-2012 submitted by the Petitioners to the respondents. c. direct the 2nd and 3rd Respondents that no further plans are approved / sanctioned in the layout vide BLP No. 11/2002 in violation of the settlement dated 17.04.1998 arrived in between the petitioners and 4th Respondent. d. third respondent the entire file pertaining to BLP NO. 11/2002 including the settlement dated 17.04.1998 Direct The 2nd and 3rd respondents not to grant any approvalse. or LRS effecting the intersection roads network between the two layouts viz., BLP 16/1991 and BLP 11/2002 in Yendada Village, Vishakapatnam f. Set aside the LRS approved by the 2nd and 3rd respondents in the intersecting roads network between the two layouts viz.. BLP 16/1991 and BLP 11/2002 in Yendada Village, Vishakapatnam constructions made by the 4th respondent in the intersecting road network such as compound walls and small sheds, if any, between the two layouts viz., BLP 16/1991 and BLP 11/2002, including in the dissolved plot no. 21 in BLP 11/2002 in Yendada Village, Vishakapatnam h. and to pass IA NO: 1 OF 2024 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 may be pleased to grant stay on all further construction activity In the intersecting 40 feet roads network between the two layouts viz., BLP 16/1991 and BLP 11/2002 in Survey No. 87/12, Yendada Village, Chinnagadili 3 HN, J W.P.No.3905_2024 Mandal, Visakhapatnam pending disposal of the above writ petition and to pass IA NO: 2 OF 2024 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 may be pleased to grant stay on all further construction activity in the dissolved plot no. 21 in BLP 11/2002 in Survey No. 87/12, Yendada Village, Chinnagadili Mandal, Visakhapatnam pending disposal of the above writ petition and to pass IA NO: 3 OF 2024 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 may be pleased to direct the respondents 2 and 3 not to consider any applications for building approvals or regularisation of lands in the intersecting 40 feet roads network between the two layouts viz., BLP 16/1991 and BLP 11/2002 and also in the dissolved plot no. 21 in BLP 11/2002 in in Survey No. 87/12, Yendada Village, Chinnagadili Mandal, Visakhapatnampending disposal of the above writ petition and to pass IA NO: 4 OF 2024 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 may be pieased to direct the respondents 2 and 3 not to consider any applications for building approvals or regularisation of lands in in the dissolved plot no. 21 in BLP 11/2002 in Survey No. 87/12, Yendada Village, Chinnagadili Mandal, Visakhapatnam pending disposal of the above writ petition and to 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 may be pleased to permit the petitioner to affect the service of notice on Respondent No.4 through substituted service by publication in a local daily newspaper in place of her residence and pass Counsel for the Petitioner(S): 4 HN, J W.P.No.3905_2024 1. VIMAL VARMA VASI REDDY 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 5 HN, J W.P.No.3905_2024 This Court made the following Order:- 1. The petitioners are aggrieved by the inaction on the part of respondent Nos.2 and 3 in not considering the legal notice dated 24.06.2023 and multiple representations submitted from 23.11.2007 onwards. 2. It is submitted that the petitioners’ land is said to be overlapping with the land of respondent No.4 society, and the boundaries of the petitioners and the 4th respondent extend beyond each other. In that regard, minutes of meeting was also conducted before the Chief Planning Officer, VUDA, of the 2nd respondent on 17.04.1998, and it was decided to resolve the dispute through mutual understating. However, as no party came forward for resolution as marked in the inspection, the petitioner made several representations to respondent Nos.2 and 3 and also issued a legal notice on 24.06.2023. 3. On instructions, the learned counsel for the 2nd respondent submits that the representation of the petitioner shall be considered and necessary orders will be passed. 4. Recording the same, the present writ petition is closed by directing respondent Nos.2 and 3 to disposed off the representations and legal notice of the petitioner in accordance with law prior to eight (08) weeks from the date of the receipt this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2025 NKA 6 HN, J W.P.No.3905_2024 192 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No. 3905 of 2024 Date: 28.07.2025 NKA