Extracted from the PDF above. The PDF is authoritative.
APHC010276912026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL No.784 of 2026 Bench Sr.No:-10 [3584] Kapu Srinivasa Rao and others ...Appellants Vs. State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellants : Ms. M.S.V.S. Sudha Rani Advocate for Respondents : Learned Government Pleader for Municipal Administration and Urban Development (R-1), Sri A. S. C. Bose, learned Standing Counsel for Greater Visakhapatnam Municipal Corporation (R-2 & R-3)
CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 7th July 2026 LISA GILL, CJ.
This appeal has been filed by writ petitioners aggrieved of order dated 08.04.2026 passed by learned Single Bench in I.A.No.2 of 2026 in Writ Petition No.7526 of 2026, whereby interim direction of status quo which was granted on 17.03.2026, in favour of writ petitioners, was vacated on an application filed by respondent Corporation.
2. W.P.No.7526 of 2026 has been filed by present appellants/writ petitioners challenging action of respondents in laying a 40 feet road as described in writ petition, alleging deviation from master plan of respondent
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authorities thus causing inconvenience to writ petitioners and other residents of the locality of the subject road.
3. On 17.03.2026, learned Single Bench directed all parties to maintain status quo till next date of hearing. Vide I.A.No.2 of 2026, an application was filed by respondent Corporation seeking vacation of said order. Learned Single Bench, on considering facts and circumstances of the case, directed vacation of interim order. It is noted in impugned order dated 08.04.2026, that maps and photographs furnished by both parties were perused including the sketch produced by Municipal Corporation and attested by Municipal Commissioner and five other officers. It was observed that proposed expansion is even and that widening is not occurring in a zigzag or crooked manner as projected by writ petitioners. It was further observed that road expansion work was in progress and therefore, it was appropriate to vacate interim order. Aggrieved therefrom, this writ appeal has been filed.
4.
Learned counsel for appellants vehemently argues that entire expansion is being done in an illegal manner at the instance of local M.L.A. and in complete deviation of master plan, thus causing great prejudice to writ petitioners and other inhabitants. It is further contended that in case road is permitted to be constructed in this manner and if there is any further expansion in future, it is only the houses of present petitioners which would still be affected. It is, thus, prayed that this appeal be allowed as prayed for
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and order dated 08.04.2026 be set aside and earlier order dated 17.03.2026 be directed to be maintained.
5.
Learned counsel for respondent Corporation has opposed application while submitting that road development is proposed in accordance with master plan and there is adoption of central line of already approved Road Development Plan (RDP); that care has been taken to minimise public inconvenience; that public notice dated 16.11.2023 in this respect has been issued regarding proposed road widening, however, no objections had ever been received from petitioners; hence, dismissal of appeal is sought.
6. We have heard learned counsel for parties but do not find any ground which calls for interference in exercise of appellate jurisdiction in respect to impugned interlocutory order dated 08.04.2026. Learned Single Judge, upon perusing material before him at that particular time, rightly came to a prima facie conclusion that maintenance of status quo as directed on 17.03.2026 was not called for. Writ Petition is admittedly pending final adjudication. It is open to petitioners to bring any other and subsequent facts, which it is stated, are now available. However, the same does not call for setting aside of order dated 08.04.2026.
7. We, accordingly, dismiss the appeal with liberty to petitioners to bring on record any subsequent events or other relevant documents having a bearing upon the matter, before learned Single Bench. There is no expression
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of opinion on merits of the matter pending adjudication before learned Single Bench. No order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed.
LISA GILL, CJ
CHALLA GUNARANJAN, J AMD Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable
: Yes / No
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43 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN
WRIT APPEAL No.784 of 2026
Dt:07.07.2026
AMD