Extracted from the PDF above. The PDF is authoritative.
APHC010106592025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6067/2025 Between:
1. YETRI SEKHAR REDDY, S/O. SWAMI REDDY, AGED 55 YEARS OCC SERVICE, R/O 2-1-1/4 26TH WARD, NEAR DANDUBATU ROAD,
PRAKASH NAGAR, CHIRALA, BAPATLA DISTRICT (ERSTWHILE PRAKASAM DISTRICT). ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE,
BESIDE ULTRATECH READY-MIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH
3. THE CHIRALA MUNICIPALITY REP BY ITS COMMISSIONER, CHIRALATOWN, BAPATLA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT CHIRALA, BAPATLA 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 pleased to issue a writ, order or direction more particularly one in
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the nature of WRIT OF MANDAMUS declaring the action of respondents particularly Respondent Nos. 2 to 4 in not initiating any steps on petitioners representation dt. 16.12.2024 submitted for removal of encroachments near the Government Hospital, Chirala Town, Bapatia District being encroached by unknown persons and there by encroaching road margins, drainage channels, obstruction of the drainage system, and an increase in anti-social activities in the area, as illegal, irregular, irrational and amount to non- discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Municipalities Act, 1965 and offends Articles 51A ,14 and 21 of the Constitution of India and consequently direct the respondents to remove the said encroachments and 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 to direct the respondents 2 to 4 to initiate necessary action on petitioners representation dt. 16.12.2024 submitted for removal of encroachments near the Government Hospital, Chirala Town, Bapatia District being encroached by unknown persons and there by encroaching road margins, drainage channels, obstruction of the drainage system, pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1. NIMMAGADDA REVATHI Counsel for the Respondent(S):
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GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
::ORDER::
Heard Sri T.Praveen Kumar, learned counsel representing Smt Nimmagadda Revathi, learned counsel for the petitioner; learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondents 1 and 2; Sri Radha Krishna, learned Standing counsel appearing for 3rd respondent and learned Assistant Government Pleader for Roads and Buildings appearing for 4th respondent. 3
2. The above writ petition is filed to declare the action of respondents 2 to 4, in not initiating any steps in pursuance of the representation dated 16.12.2024 (Ex.P1), made by the petitioner for the removal of encroachments near the Government Hospital, Chirala Town, Bapatla District, as illegal and arbitrary. 3. The petitioner, a resident of 26th Ward, Prakash Nagar, Chirala, filed the above writ petition after noticing encroachments and submitting a representation dated 16.12.2024 (Ex.P1) to the authorities. However, respondents 2 to 4 have not initiated any action. 4. At the hearing, learned counsel appearing for the respondents, on instructions, would submit that the respondents will take necessary action as per the Rules. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel directing the respondents 2 to 4 to initiate necessary action, in pursuance of representation dated 16.12.2024 (Ex.P1), regarding encroachment if any. The respondents shall also issue notice to all the stakeholders before initiating further steps. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 12.03.2025 SNI
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135 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 6067 of 2025
Date: 12.03.2025 SNI