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2026 DAILYLAW 10080 (AP)

Valli Bangarraju v. Butcha Srinu

WA/529/2026 · 2026-09-14

Challa Gunaranjan, Lisa Gill

body2026

Judgment text

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APHC010222422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.A.No.2 OF 2026 IN/AND WRIT APPEAL No: 529 OF 2026 Bench Sr.No:- 22 [3584] Valli Bangarraju and others ...Appellant(s) Vs. Butcha Srinu and others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 15th September 2026 Present: Advocate for Appellants: MR.R. SIVA SAI SWARUP Advocate(s) for Respondent(s): MR. A.K. KISHORE REDDY (R-1); G.P. FOR MUNICIPAL ADMN. & URBAN DEVELOPMENT (R-2); MR.A.S.C. BOSE (SC FOR R3&R4); AND GP FOR HOME *** COMMON JUDGMENT: (per Hon’ble Sri Justice Challa Gunaranjan) I.A. No.2 of 2026 is filed seeking leave to file appeal challenging interlocutory order, dated 10.04.2026, in I.A.No.2 of 2026 in W.P. No.9462 of 2026, whereby the learned Single Judge, while allowing the said application, directed the Station House Officer, I Town P.S., Visakhapatnam, not to register crime based on complaint given by 3rd respondent therein. 2 HCJ & CGR, J. W.A.No.529 of 2026 2. The applicants state that they have already filed implead petition in the writ petition seeking for impleadment as proposed respondents 5 and 6, which is pending consideration. Further, as impugned order passed by learned Single Judge, since was passed in their absence, and even without arraying them as necessary parties, which is causing undue hardship, they seek leave to file the present appeal. 3. Heard Mr.R.Leela Sai Sampath, learned counsel, representing Mr.R. Siva Sai Swarup, learned counsel for appellants; Mr.A.K.Kishore Reddy, learned counsel for 1st respondent/writ petitioner; and Mr.A.S.C. Bose, learned Standing Counsel for GVMC for respondents 3 and 4. 4. Learned counsel appearing for implead petitioners/appellants submits that it was only on account of the complaint, dated 21.07.2025, given at their instance, 4th respondent herein issued proceedings, dated 10.03.2026, for initiation of criminal proceedings against writ petitioners, who evaded the payment of collection of Aseel taxes, therefore, they were proper and necessary parties for adjudication of the lis in the writ petition. 5. By impugned order, the learned Single Judge, in a way, stayed the proposed action of 4th respondent herein. 6. Learned counsel for 1st respondent, writ petitioner, and learned Standing Counsel for GVMC, appearing for respondents 3 and 4, 3 HCJ & CGR, J. W.A.No.529 of 2026 submitted that pleadings in the writ petition are complete and at any rate, as the appellants/applicants herein, since have already filed implead petition even in the writ petition, they can as well agitate all the issues in the very writ petition itself, thus, pleaded for dismissal of the present application as well as the appeal. 7. As it is brought to our notice that the applicants have already filed implead petition in the writ petition even before filing of present appeal, we do not see any reason to grant leave and entertain the appeal, rather, the applicants/appellants are granted liberty to pursue their implead petition in the writ petition and raise all contentions before the learned Single Judge. 8. Since the Corporation has already filed counter-affidavit in the writ petition, the applicants/appellants are also at liberty to file counter- affidavit, if they so desire, raising all pleas. 9. Granting such liberty, we dispose of Interlocutory Application No.2 of 2026 as well as writ appeal. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J cs