IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION Nos: 3764 & 13826 of 2015 WRIT PETITION NO: 3764 OF 2015 Between: Siruvuru Vijaya Lakshmi, W/o S.S Prasad Varma, aged about 51 years Occ: Housewife, R/o Plot No. 146, Sector 12, MVP Colony Visakhapatnam City, Visakhapatnam District. ...Petitioner AND 1. State of Andhra Pradesh Rep. by its. Principal Secretary to Government, Municipal Administration and Urban -Development Department, Secretariat, Saifabad, Hyderabad. 2. Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam City Visakhapatnam 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 MANDAMUS declaring the action of 2^^ respondent in repeatedly insisting the petitioner to vacate from her house and site property admeasuring 200 square yards covered by Survey No. 42/5 situated in Chinagadiia Village within the limits of 2"'^ respondent, as illegal, irregular, irrational, without jurisdiction and violative of provisions of The Greater Hyderabad Municipal Corporation Act, 1955 and rules framed thereunder and offends Articles 14 and 21 of Constitution of India and consequently direct the 2"^ respondents not to interfere in any manner with A the petitioner's possession and enjoyment over said house and site property. I.A. NO: 1 OF 2015(WPMP. NO: 4978 OF 2015) 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 2^^ respondent not to dispossess the petitioner from her house site property admeasuring 200 square yards covered by Survey No. 42/5 situated in Chinagadila Village within the limits of 2"'' respondent, pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT NIMMAGADDA REVATHI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC for MUNICIPALITIES WRIT PETITION NO: 13826 OF 2015 Between: Siruvuru Vijaya Lakshmi, W/o. S.S Prasad Varma, Aged: 51 years, Occ Housewife, Rio Plot No. 146, Sector 12, MVP Colony, Visakhapatnam City, Visakhapatnam District Rep. by her G.P.A. Holder Siruvuri Siva Prasad Varma, S/o Late Suryanarayana Raju, Aged: 60 years, Rio Plot No.188, Sector -12, Door No.1-119-17, M.V.P. Colony, Visakhapatnam City, Visakhapatnam District. ...Petitioner AND 1. State of Andhra Pradesh Rep. by its Principal Secretary to. Government, Municipal Administration and Urban -Development Department, Secretariat, Saifabad, Hyderabad. 2. Greater Visakhapatnam Municipal Corporation, Rep. by, its Commissioner, Visakhapatnam City Visakhapatnam 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 MANDAMUS declaring the inaction on the part of 2 respondent on the petitioner's application dated 13.03.2015 submitted for granting building permission for construction of R.C.C Roof Ground Floor Residential Building in her house site property admeasuring 200 square yards covered by Survey No. 42/5 situated in Chinagadila Village within the respondent, as illegal, irregular, irrational, and amounts to non respondent under the nd nd limits of 2 discharge of legal obligation conferred on 2 provisions of The Greater Hyderabad Municipal Corporation Act, 1955 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 2"^ respondent to sanction the building permission on the petitioner's application for the said house site property. nd LA. NO: 1 OF 2015(WPMP. nd LA. NO: 1 OF 2015(WPMP. NO: 18128 OF 2015) 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 2nd respondent to consider and decide the petitioner's application dated 13.03.2015 submitted for granting building permission for construction of R.C.C Roof Ground Floor Residential Building in her house site property admeasuring 200 square yards covered by Survey No.42/5 situated in Chinagadila Village within the limits of 2nd respondent, pending disposal of the main Writ Petition Counsel for the Petitioner: SMT NIMMAGADDA REVATHI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC for MUNICIPALITIES The Court made the following common order: 1 APHC010099012015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 3764 of 2015 and 13826 of 2015 WRIT PETITION NO: 3764/2015 Between: Siruvuru Vijaya Lakshmi, W/o S.s Prasad Varma, ...PETITIONER AND ...RESPONDENT(S) State of Andhra Pradesh Rep By Its and Others WRIT PETITION NO: 13826/2015 Between: Siruvuru Vijaya Lakshmi, ...PETITIONER AND State Of Andhra Pradesh Rep By Its Principal Secretary ...RESPONDENT{S) To and Others Counsel for the Petitioner: I.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 COMMON ORDER : These Writ Petitions are filed under Article 226 of the Constitution of India seeking the following reliefs: W.P.No.3764 of 2015 to issue a writ order or direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the action of 2"^ respondent in repeatedly insisting the petitioner to vacate from her house and site property admeasuring 200 square yards covered by Survey No.42/5 situated in Chinagadila Village within the limits of 2 respondent, as illegal, irregular, irrational, without jurisdiction and violative of provisions of The Greater Hyderabad Municipal Corporation Act, 1955 and rules framed thereunder and offends Articles 14 and 21 of Constitution of India and consequently direct the 2"^^ respondents not to interfere in any manner with the petitioner’s possession and enjoyment over said house and site nd property...” W.P.No.13826 of 2015 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of 2"'^ respondent on the petitioner’s application dated 13.03.2015 submitted for granting building permission for construction of R. C. C. Roof Ground Floor Residential Building in her house site property admeasuring 200 square yards covered by Survey No. 42/5 situated in Chinagadila Village within the limits of 2"^ respondent, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on 2""^ respondent under the provisions of The Greater Hyderabad Municipal Corporation Act, 1955 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 2"^ respondent to sanction the building permission on the petitioner’s application for the said house site property... ” 3 Since the petitioner in both writ petitions is one and the same and the cause raised in both writ petitions is with regard to the same property, these two writ petitions are heard together and are being disposed of by this common order. 2. Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Mr.A.S.C.Bose, learned Standing Counsel for respondent No.2. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.2 furnished a copy of instructions of the Assistant City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, wherein it is stated that the application submitted by the petitioner 13.03.2015 for grant of building permission for construction of R.C.C. roof ground floor residential building in an extent of 200 Sq.yards, covered by Sy.No.42/5 situated in Chinagadili Village, was returned with an endorsement vide B.A.No.11415/2015/ACPI, dated 30.03.2015 and further directed the petitioner to vacate and handover the possession of the property to GVMC. It is further stated that at present the subject site is vacant, and the building plan could not be granted as per the petitioner’s request, as it is designated as layout open space. In view of the above instructions, this Court feels that no further cause 3. on 4. survives in W.P.No.13826 of 2015 and it has become infructuous. 5. In W.P.No.3764 of 2015, when the matter came up for admission on 23.02.2015, this Court passed4he following interim order: 4 “....Learned Standing Counsel for respondent Corporation states that they are not interfering with the possession of the petitioner, but petitioner is trying to make constructions without obtaining any permission. In view of the above, status quo, obtaining as on today shall be maintained. However, the petitioner shall not make any constructions, without obtaining permission. ” Today, when the matter is taken up for hearing, learned Standing Counsel for respondent, on oral instructions, submitted that the respondent authorities are not insisting the petitioner to vacate the subject property and that the respondents would follow due process of law in case any action is initiated. 6 In view of the above instructions, W.P.No.3764 of 2015 is disposed of directing the respondent authorities not to interfere with the possession of the petitioner without following due process of law. W.P.No.13S26 of 2015 is dismissed as infructuous. There shall be no 7. 8. order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- M SRiNIVAS ASSISTANT REGISTRAR closed. SECTION OFFICER //TRUE COPY// / / To, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam City Visakhapatnam District. Smt Nimmagadda Revathi, Advocate [OPUC] 3. One CC to 4. One CC to Sri A.S.C. Bose, SC for Municipalities [OPUC] 5 Two CCS to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:08/01/2025 ? H MAK 2025 | ^ . Current Section . ^ ^^gSPATCVA^S<^ a COMMON ORDER WP.Nos.3764 & 13826 of 2015 DISPOSING OF THE WP.No.3764 of 2015 WITHOUT COSTS & DISMISSING THE WP.No.13826 of 2015 AS INFRUCTUOUS WITHOUT COSTS