APHC010083062016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 37560/2016 Between: 1. SMT. V. UMA DEVI,, W/O SRI V. BALARAM, AGED ABOUT 58 YEARS, OCC: LANDLADY, R/O D.NO.43-1-38, BALRAM HOTEL MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 2. MANDA BRAHMANANDA PHANI SEKHAR,, S/O M. VEERABHADRA RAO, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O D.NO.33-1-1 & 33-1-2, NEW GLASS HOUSE, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT 3. B. VENKATESHWAR,, S/O GOWRI SHANKER RAO, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O D.NO. 33-1-46, SAMBASIVA AGENCIES, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 4. MUTTA ANNAPUMESHWAR RAO,, S/O MUTTA SARVARAYUDU, AGED ABOUT 71 YEARS, OCC: BUSINESS, R/O D.NO.3:3-1-7, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 5. KALIDINDI KASI VISWESWAR RAO,, S/O KALIDINDI VENKATA RAMANA, AGED ABOUT 56 YEARS, OCC: BUSINESS, R/O D.NO.33- 1-511, MEHAR STORES, NEAR GLASS HOUSE, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 6. PENTA RADHA KRISHNA,, S/O PENTA RAMCHANDER RAO, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O D.NO.3:3-1-3, PENTA 2 RAMCHANDER RAO & SONS, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 7. SMT. SHAKUNTALA,, W/O CHAMPALAL JAIN, AGED ABOUT 56 YEARS, OCC: BUSINESS, R/O D.NO.20-1-41, JAIN AUTOMOBILES, OPP: SRMP, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT 8. GOGUALA AYANNA,, S/O SUBRAHMANYAM, AGED ABOUT 54 YEARS, OCC: BUSINESS, R/O D.NO.43-1-48/B, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 9. KANKATALA SRINIVAS RAO,, S/O LATE VENKATA SUBRAHMANYAM, AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O D.NO.43-1-48/A, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT 10. TUMMALAPALLI SIVA KUMAR,, S/O VENKATA ANANDA RAO, AGED ABOUT 39 YEARS, OCC: BUSINESS, R/O D.NO. 43-1-48/D, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 11. MADHAVARAPU SEETA RAMA RAJYAM,, W/O LATE KONDAL RAO, AGED ABOUT 58 YEARS, OCC: HOUSEWIFE, R/O D.NO.43-1-51/1, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 12. GAMINI KRISHNA RAO,, S/O RAMAM, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O D.NO.33-1-31/2, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 13. GAMINI SATYANARAYANA,, S/O RAMAM, AGED ABOUT 53 YEARS, OCC: BUSINESS, R/O D.NO.33-1-31/2, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 14. GAMINI KASI VISWESHWAR RAO,, S/O RAMAM, AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O D.NO.33-1-31/2, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT 15. G.V.S.N. MURTHY,, S/O RAMAM, AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O D.NO.33-1-31/2, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 3 16. PURAM MANIKYAL RAO,, S/O VENKATA NARAYANA, AGED ABOUT :58 YEARS, OCC: BUSINESS, R/O D.NO.41-3-6, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT. 17. SMT. VANKAYALA RAJESHWARI,, W/O RATNA RAO, AGED ABOUT 66 YEARS, OCC: HOUSEWIFE, R/O D.NO. 33-1-31/A, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, HYDERABAD- 500022. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 3. KAKINADA MUNICIPAL CORPORATION, REPRESENTED BY COMMISSIONER, KAKINADA, EAST GODAVARI 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 to declare the action of the Respondents in not allowing the petitioners to carry out their respective businesses as specified in Annexure-1 and causing obstructions for the same by erecting dustbins, digging drainage canals by letting the sewage water in front of the petitioners shops and not completing the drainage repair works for the last more than six months with an oblique motive to harass the Petitioners to give their consent for the road winding without payment of compensation contrary to the order dated 28-6-2012 passed in WP no 16096/2012 and batch and also order dated 31.8.2012 passed in WPMP No. 34875 of 2012 in WP No.27390 of 2012 as well as the provisions of the GHMC Act 1955 as illegal, arbitrary and unjust by issuing appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus 4 IA NO: 1 OF 2016(WPMP 46276 OF 2016 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 to direct the Respondents not to interfere with the peaceful possession and enjoyment of the respective businesses being carried on by the petitioners as specified in Annexure-1 directly or indirectly and to remove the dust bins erected opposite to shop of some of the petitioners and also to direct them to complete the repairs to the drainage works and fill up pits dug in front of the Petitioners shops, pending disposal of the above Writ Petition IA NO: 2 OF 2016(WPMP 47988 OF 2016 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 to dispense with the appearance of the Commissioner, Kakinada Municipal Corporation before this Hon'ble Court by permitting him to depute the Assistant City Planner of Kakinada Municipal Corporation to explain the queries raised by this Hon'ble Court in the order dated 7.11.2016 passed in W.P.No.37560 of 2016 and pass Counsel for the Petitioner(S): 1. M R S SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 37560/2016 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare the action of the Respondents in not allowing the Petitioners to carry out their respective businesses as specified in Annexure-1 and causing obstructions for the same by erecting dustbins, digging drainage canals by letting the sewage water in front of the petitioners shops and not completing the drainage repair works for the last more than six months with an oblique motive to harass the Petitioners to give their consent for the road winding without payment of compensation contrary to the order dated 28-6-2012 passed in WP no 16096/2012 and batch and also order dated 31.8.2012 passed in WPMP No. 34875 of 2012 in WP No.27390 of 2012 as well as the provisions of the GHMC Act 1955 as illegal, arbitrary and unjust by issuing appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus”. 2. On 14.11.2016, the learned Standing Counsel on instructions from Mr. Shaik Kalesa, Assistant City Planner, Kakinada Municipal Corporation, stated that the open drainage system will be regulated within two months and debris standing in front of the shops adjacent to the open drainage system will be removed within a period of two weeks, if not already removed. 6 3. Learned Standing Counsel appearing for the Respondents submits that the statement made before this Court was complied with by the Respondent Authorities. 4. Learned Counsel for the Petitioners does not refute the same. 5. In that view, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 08-07-2025 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No. 37560 of 2016 Dt.08-07-2025 eha U