APHC010723092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36845/2025 Between: 1. SURARAPU TRINADH, S/OLATE S.RAMAYYA, D.NO. 12-31 -5, GUNAPALEM, KALINGAROAD, SRIKAKULAM- 532001. 2. KARAKAVALASA DEEWAKAR,, S/O LATE BANUMURTHY, MIG-291, A.P.H.B COLONY, BEHIND Z P, SRIKAKULAM- 532001. ...PETITIONER(S) AND 1. THE MUNICIPAL ADMINISTRATION DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, NEAR DGP OFFICE, VADDESWARAM, MANGALAGIRI, GUNTUR- 522502. 2. THE DISTRICT COLLECTOR, SRIKAKULAM COLLECTORATE COMPLEX, NEAR OLD BUS STAND, SRIKAKULAM- 532001. 3. THE SUPERINTENDENT OF POLICE, SRIKAKULAM. 4. THE SRIKAKULAM MUNICIPAL CORPORATION, REP. BY ITS MUNICIPAL COMMISSIONER, NEAR COLLECTORATE OFFICE, SRIKAKULAM- 532001. 5. THE SRIKAKULAM TRAFFIC POLICE, SRIKAKULAM CITY. 6. THE ROAD TRANSPORT AUTHORITY, SRIKAKULAM. ....RESPON 3. THE SUPERINTENDENT OF POLICE, SRIKAKULAM. 4. THE SRIKAKULAM MUNICIPAL CORPORATION, REP. BY ITS MUNICIPAL COMMISSIONER, NEAR COLLECTORATE OFFICE, SRIKAKULAM- 532001. 2 VS, J W.P.36845 of 2025 5. THE SRIKAKULAM TRAFFIC POLICE, SRIKAKULAM CITY. 6. THE ROAD TRANSPORT AUTHORITY, SRIKAKULAM. ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring inaction on the part of Respondents more particularly Respondent.No. 2.to 6 in considering the representations dated 22.07.2025 and preventing heavy motor vehicles from being parked after 9 AM to 9 PM on Golkonda Vagu road Which is abducting to Srikakulam Municipal Corporation Peddha Market which connects Pottisreeramulu Statue Junction to Nagavalli River Road and remove the temporary encroachments by Hawkers and Bamboo Artisans as arbitrary, illegal, colourable exercise of power, abduction of statutory duty under Section 373 of the Andhra Pradesh Municipal Corporation, 1995 r/w. Section 115 and Section. 117 of Motor Vehicle Act, 1988 and Rule.397 of Andhra Pradesh Motor Vehicle Rules, 1989 apart from being violation of the Fundamental Rights guaranteed to me under Article 14, 19, 21 and 300A of Constitution of India and consequently direct the respondents to prevent parking of Motor Vehicles after 9 AM to 9 PM on Golkonda Vagu road which is abducting to Srikakulam Municipal Corporation Peddha Market which connects Pottisreeramulu Statue Junction to Nagavalli River Road and remove the temporary encroachments by Hawkers and Bamboo Artisans 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 No.2 to 6 to consider the representations, dated and direct them to remove the temporary encroachment by the Hawkers selling meat and Bamboo Artisans and prevent parking of Motor Vehicles after 9 AM to 9 PM on Golkonda Vagu road which is abducting to Srikakulam Municipal Corporation Peddha Market which connects Pottisreeramulu Statue Junction to Nagavalli River Road, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 3 VS, J W.P.36845 of 2025 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS, J W.P.36845 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring inaction on the part of Respondents more particularly Respondent No. 2 to 6 in considering the representations dated 22.07.2025 and preventing heavy motor vehicles from being parked after 9 AM to 9 PM on Golkonda Vagu road Which is abducting to Srikakulam Municipal Corporation Peddha Market which connects Pottisreeramulu Statue Junction to Nagavalli River Road and remove the temporary encroachments by Hawkers and Bamboo Artisans as arbitrary, illegal, colourable exercise of power, abduction of statutory duty under Section 373 of the Andhra Pradesh Municipal Corporation, 1995 r/w. Section 115 and Section. 117 of Motor Vehicle Act, 1988 and Rule.397 of Andhra Pradesh Motor Vehicle Rules, 1989 apart from being violation of the Fundamental Rights guaranteed to me under Article 14, 19, 21 and 300A of Constitution of India and consequently direct the respondents to prevent parking of Motor Vehicles after 9 AM to 9 PM on Golkonda Vagu road which is abducting to Srikakulam Municipal Corporation Peddha Market which connects Pottisreeramulu Statue Junction to Nagavalli River Road and remove the temporary encroachments by Hawkers and Bamboo Artisans….” 2. The petitioner is a resident of Gunnapalem, Srikakulam and is eking out his livelihood by doing food business in Srikakulam Municipal Corporation Pedda Market. Similarly, the 2nd respondent is a resident of A.P. Housing Board Colony and is working as a private employee in Srikakulam City. To the 5 VS, J W.P.36845 of 2025 southern side of Srikakulam Municipal Corporation Pedda Market, there is a street named Golkonda Revu road, which connects the Srikakulam Municipal Corporation Pedda Market from Pottisriramulu Statue Junction till Nagavali River road, connecting nearly 10 to 12 of wards of Srikakulam Municipal Corporation to the Srikakulam Municipal Corporation burial grounds. The said road is a major road connecting major junctions and also leads to the only existing burial ground within the Municipal Corporation limits. Even though the said Golkonda Revu road is an essential road abutting to Srikakulam market, the said road is encroached by the lorries and heavy motor vehicles, resulting in traffic jams and constant conjunctions. As such, the petitioner submitted representation dated 22.07.2025 to respondents No.2 to 6 requesting them to remove the said encroachments. As no orders have been passed on the said representation, the present writ petition. 3. Heard, learned counsel for the petitioner as well as learned Standing Counsel representing the Srikakulam Municipal Corporation. 4. As the request made by the petitioner is only to pass appropriate orders on the representation submitted by the petitioner dated 22.07.2025, instead of going into the merits of the case this Court feels it appropriate to dispose of the writ petition by directing respondents No.4 to 6 to pass appropriate orders on the representation made by the petitioner within a period of ten (10) days from the date of receipt of a copy of this order, in accordance with law. 6 VS, J W.P.36845 of 2025 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, pending shall also stand closed. ______________________ JUSTICE V.SUJATHA Date: 05.01.2026 KGR