1 APHC010150752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8112/2026 Between: 1. A.V. D. RAMESH,, S/O UMA MAHESWARA RAO, INDIAN, AGED ABOUT 67 YEARS, R/O D.NO.39-33-4, MADHAVADHARA VUDA COLONY (URBAN), MARRIPALEM, VISAKHAPATNAM, ANDHRA PRADESH-530018 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPLE SECRETARY, MUNICIPAL ADMINISTRATION SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522020 2. THE MUNICIPAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION(GVMC), VISAKHAPATNAM. -530004 3. THE TOWN PLANNING OFFICER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION(GVMC), VISAKHAPATNAM. - 530004 4. SRI A D V SURESH, S/O LATE UMA MAHESWARA RAO AGED ABOUT 66 YEARS, R/O D.NO.39-33-5, MADHAVADHARA, VISAKHAPATNAM. - 530007 ...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 issue writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of 2nd respondent in not taking action against my representation dated 09-03-2026 regarding to starting 2 demolishing the premises in D.No. 47-11-2, Dwarakanagar, Visakhapatnam by the 4th Respondent as illegal, arbitrary and against the principle of law, contrary to the Section 452 and 461 of GHMC Act and violation article 21 of the Constitution of India, and consequently direct the 2nd and 3rd respondent to conduct an enquiry into the representation dt. 09-03-2026 of the petitioner to take action forthwith to stop the demolition of premises in D. NO. 47-11-2, Dwarakanagar, Visakhapatnam made by the 4th Respondent IA NO: 1 OF 2026 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 stay of the demolition made by the 4th Respondent in the premises of D. No. 47-11-2, Dwarakanagar, Visakhapatnam Counsel for the Petitioner: 1. K ARUNA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order: Non-consideration of his representation dated 09.03.2026 submitted with regard to demolition of the premises in D.No.47-11-2 situated at Dwarakanagar, Visakhapatnam is the grievance of the petitioner. 2. Heard Smt V.Santhi Sree, learned counsel representing learned counsel for the petitioner and Sri ASC Bose, learned Standing counsel for GVMC. 3. As could be culled out from the facts and circumstances of the case, it is clear that there is a dispute between the petitioner and the unofficial respondent with regard to demolition of subject premises. The said dispute 3 between the petitioner and unofficial respondent is civil in nature and they have to approach the competent civil court for redressal of their grievance. It has repeatedly been held by the Apex court and various High Courts that a regular suit is the appropriate remedy for settlement of disputes relating to property rights between private persons and that the remedy under Article 226 of the constitution shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged. The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly. In view of the same, the writ petition is disposed of giving liberty to the petitioner to approach competent civil court in accordance with law. There shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS