IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ft PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA i WRIT PETITION NO: 4725 OF 2025 Between; Tripura Sundari Foundation of India, Rep. by its Secretary Vinjamuri Sivaram, S/o. Venkata Narasimharao, Aged about 67 Years, Residing at D.No. 27/68, Khojjillipeta, Machilipatnam, Krishna District. ...Petitioner AND 1. The State of A.P., Rep by its PrI. Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaaravati, Guntur District 2. The Machilipatnam Municipal Corporation, Rep. by its Commissioner, Machilipatnam, Krishna District. ...Respondents 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 issue a writ, order or direction more particularly one in the nature of Writ of declaring the action of the respondents in failure to take any action against the encroachments in the above mentioned two streets adjacent to the Petitioners Tripura Sundari Foundation of India trust building ( D.no. 20/229, 230) i.e Kenneday Main Road and on the Back side that is on the Vannem Reddy on the Front Side that is on the Madhusudana Rao Municipal Street situated at Parasupeta, in Ward no. 9, Machilipatnam and not taking steps to remove.such encroachments made on the roads margin adjacent to the Petitioner's trust building D.No. 20/229, 230, situated at Parasupeta, Municipal Ward No. 9, Machilipatnam as. per the Provisions of the G.H.M.C. Act as arbitrary, illegal and contrary to the provisions of the Greater Hyderabad Municipal Corporation 1955 and consequently direct the f Act. respondents to remove such encroachments as per sections 397, 400, 405, 406 of Greater Hyderabad Municipal Corporation Act. 1955 on the road margin portion of the 230 situated at Parasupeta, necessary action as per Petitioner's Trust Building D.No.20/229 Municipal Ward No. 9, Machilipatnam by taking Law. lA 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 to direct the respondents to take necessary action to remove the encroachments made on the front and back side road margin portion of the Petitioner's Trust Building D.No.20/229,230 situated at Parasupeta, Municipal Ward No. 9, Machilipatnam, Krishna District in accordance with the procedure contemplated under the greater Hyderabad Municipal Corporation Act. 1955, pending disposal of the above Writ Petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI. DEVI PRASAD MANGALAPURI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order: !?;■ APHC010086372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No.4725 of 2025 Between: Tripura Sundari Foundation of India. AND ...PETITIONER ...RESPONDENT(S) The State of A.P. and another Counsel for the Petitioner: 1.DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN. AND URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.4725 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief; “..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in failure to take any action against the encroachments in the two streets adjacent to the Petitioner’s Tripura Sundari Foundation of India trust building (D. no. 20/229, 230) i.e., on the front side that is on the Kenneday Main Road and on the back side that is on the Vannem Reddy Madhusudana Rao Municipal Street situated at Parasupeta, in Ward no. 9, Machilipatnam and not taking steps to remove such encroachments made on the road margin adjacent to the Petitioner’s trust building D.No.20/229, 230 situated at Parasupeta, Municipal Ward No.9, Machilipatnam as per the Provisions of the G.H.M.C. Act as arbitrary, illegal and contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and consequently direct the respondents to remove such encroachments as per sections 397, 400, 405, 406 of Greater Hyderabad Municipal Corporation Act, 1955, on the road margin portion of the Petitioner’s Trust Building D.No.20/229, 230 situated at Parasupeta, Municipal Ward No.9, Machilipatnam by taking necessary action as per law.’’ Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development representing respondent No.1 and learned Standing Counsel representing respondent No.2. 2. Brief facts of the case are as follows; 3. Petitioner claims to be a registered charitable trust engaged in social welfare activities, such as conducting free medical imparting free computer training to students, providing (i) camps. 3 VS,J W.P.No.4725 of 2025 tailoring classes to women and running an old-age home in the building bearing D.No.20/229 & 230 situated at Parasupeta, Municipal Ward No.9, Machilipatnam. It is stated that some persons have encroached upon the (ii) road margin and drain on both the front and back sides of the thereby causing by erecting sheds petitioner’s building inconvenience for ingress and egress to the inmates and visitors of the petitioner-Trust. (iii) It is further stated that the petitioner has submitted several representations, the latest being dated 14.02.2025, to the 2 respondent-corporation, requesting to take appropriate action for removal of the said encroachments, but no action has been taken till date. Hence, the present writ petition. 4. The petitioner filed a copy of the representation dated 14.02.2025, which was endorsed by the 2^^ respondent on the same nd day. Learned Standing Counsel for the 2"'* respondent submits that the Corporation will examine the grievance raised by the petitioner in the representation dated 14.02.2025 and pass appropriate orders in accordance with law. In view of the same, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the same at the 5. 6. r'l WiSaiiESi. 4 VS,J W.P.No.4725of 2025 nd admission stage without going into the merits, by directing the 2 respondent-corporation to pass appropriate orders on the petitioner’s representation dated 14.02.2025, after duly examining the facts presented in the said representation, in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No 7. order as to costs. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// rr SECTION OFFICER To, 1. The PrI. Secretary, Municipal Administration Department, State of A.P Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Machilipatnam Municipal Corporation Machilipatnam, Krishna District. 3. One CC to Sri. Devi Prasad Mangalapuri Advocate [OPUC] 4. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] 5. Two CCs to GP for Municipal Admin and Urban Dev, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:24/02/2025 ORDER WP.No.4725 of 2025 p 19 MAR 2025 S ^ . Current Section & «9/ DISPOSING OF THE WP WITHOUT COSTS