APHC010371342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20046/2026 Between: 1. GULLALAPALLAM SHOPPING COMPLEX VARTHAKA ASSOCIATION, ,REP BY ITS GENERAL SECRETARY, LOLA UMA GOWRI SHANKAR, S/O LOLA SREENIVAS, AGED ABOUT 32 YEARS, R/O D.NO. 63-2-125, INDIRA COLONY, NEAR VENKATESWARA SWAMY TEMPLE, SRIHARIPURAM, VISAKHAPATNAM (URBAN), VISAKHAPATNAM, ANDHRA PRADESH - 530011. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT - 522503. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM - 530002. 4. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM -530002. 5. THE ZONAL COMMISSIONER ZONEV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM - 530002. 2 ...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 toCourt may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent authorities, particularly Respondent Nos.3 to 5, in not considering and taking effective action on the repeated representations subm.itted by the petitioner Association, dated 16-03-2026, 15-06-2026 and 13-07-2026 for removal of unauthorized occupations / temporary sheds / encroachments made by unauthorized occupants / hawkers / petty vendors in the premises, parking area, frontage, road margin and common areas of Greater Visakha Municipal Corporation Mahatma Gandhi Shopping Complex, 60th Ward, Gullalapalam Market, Sriharipuram, Visakhapatnam, as illegal, arbitrary, violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the statutory obligations of the municipal authorities, and consequently direct the Respondent authorities, more particularly Respondent Nos.4 and 5, to inspect the subject shopping complex, identify all unauthorized occupants / encroachers, serve notices upon them in accordance with law, consider their objections, if any, and thereafter remove / evict the unauthorized occupations and illegal sheds from the shopping complex premises, parking area, frontage, road margin and common areas within a time-bound period, and pass such 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 may be pleased to direct Respondent Nos.3 to 5 to consider the representation of the petitioner, dated 16-03-2026, 15-06-2026 and 13-07- 2026 and pass orders by dispose the said representation within a fixed time frame by communication the same to the petitioner and to pass such Counsel for the Petitioner: 1. BULLA SAMBASIVA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order:- The present Writ Petition is filed questioning the inaction on the part of respondent Nos.4 and 5 in taking action against the unauthorized occupants who have encroached upon the subject public property, despite the representations submitted by the petitioner dated 16.03.2026, 15.06.2026 and 13.07.2026. 2. The learned Standing Counsel appearing for respondent Nos.4 and 5 on written instructions, submits that the respondents have identified 16 unauthorized occupants and have issued endorsements to them. It is further submitted that three of the unauthorized shops have already been removed, and photographs evidencing such removal are placed before this Court. It is also submitted that, for removal of the remaining encroachments, respondent Nos.4 and 5 have addressed correspondence with the Electricity Department for disconnection of power supply to the unauthorized structures and have also sought police assistance from the jurisdictional Police Station to facilitate removal of the encroachments. 3. In view of the aforesaid submissions, no further orders are required in the present Writ Petition. Accordingly, the Writ Petition is disposed of, making it clear that respondent Nos.4 and 5 shall ensure that no public property is allowed to be encroached upon and that any existing or future encroachments shall be dealt with strictly in accordance with law. The respondents shall take 4 all necessary steps to restore the public property for the use and benefit of the general public. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed ____________________ JUSTICE HARINATH.N 22.07.2026 RSD 5 16 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20046/2026 22.07.2026 RSD