1 HN, J W.P.No.4612_2026 APHC010083302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4612/2026 Between: 1. SMT. IDUPULAPATI VARDHANI,, W/O LATE SRI NAGAMALLESHWAR RAO, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD, R/O FLAT NO. 401, SRI ANJANEYA RESIDENCY, GUNTUPALLI VILLAGE, IBRAHIMPATNAM MANDAL, NTR DISTRICT - 521 241, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION GVMC, VISAKHAPATNAM, ANDHRA PRADESH. REPRESENTED BY ITS COMMISSIONER-530003 3. THE ZONAL COMMISSIONER, GVMC, ZONE-ILL, VISAKHAPATNAM, ANDHRA PRADESH. 530003 4. THE TOWN SURVEYOR, GVMC, ZONE-ILL, VISAKHAPATNAM, ANDHRA PRADESH-530003 5. SMT P SURYA KUMARI, W/O. P. RANGA, AGED ABOUT 55 YEARS, R/O.D.NO.58-15-66/1, SANTHINAGAR, NAD KOTHA ROAD, VISAKHAPATNAM, ANDHRA PRADESH 530 009. R5 IMPLEADED AS PER COURTS ORDER DT. 01.07.2026 IN I.A.NO.2 OF 2026 ...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 topleased to Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing the impugned Proceeding/Endorsemen t in RC.NO.VSP202512091777, dated 26.12.2025, by denying to take up the work of laying the 40 feet wide BT Road in the land admeasuring 768 Sq. 2 HN, J W.P.No.4612_2026 Yards comprised in Survey No. 19/2A, Chinna Waltair, Visakhapatnam, as per the Gift Settlement Deed Doc. No. 2059/2011, dated 18.04.2011 as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, consequently, direct the respondent authorities, particularly Respondents 2 to 4, to forthwith take up the work of laying the 40 feet wide BT Road in the land admeasuring 768 Sq. Yards comprised in Survey No. 19/2A, Chinna Waltair, Visakhapatnam, as per the Gift Settlement Deed Doc. No. 2059/2011, dated 18.04.2011, and remove all encroachments therefrom by suspending the operation of the proceeding/Endorsement in RC.NO.VSP202512091777, dated 26.12.2025 and to pass 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 pleased to direct the respondent authorities, particularly Respondents 2 to 4, to forthwith take up the work of laying the 40 feet wide BT Road in the land admeasuring 768 Sq. Yards comprised in Survey No. 19/2A, Chinna Waltair, Visakhapatnam, as per the Gift Settlement Deed Doc. No. 2059/2011, dated 18.04.2011, and remove all encroachments therefrom by suspending the operation of the Proceeding/Endorsement in RC.No.VSP202512091777, dated 26.12.2025 pending disposal of the above writ petition and to pass IA NO: 2 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 allow this application and order the impleadment of Smt. P. Surya Kumari @ Surya Bai, W/o. P.Ranga, aged about 55 years, R/o. Dr. No. 58-15-66/1, Santhinagar, NAD Kotha Road, Visakhapatnam, Andhra Pradesh - 530 009, as the 5th Respondent in the above Writ Petition No. 4612 of 2026 and all interlocutory applications and pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. M SRI ATCHYUT 3 HN, J W.P.No.4612_2026 ORDER: 1. The petitioner is aggrieved by the issuance of the impugned proceedings dated 26.12.2025, whereby the grievance of the petitioner was addressed by the 2nd respondent, duly referring to the pendency of the W.P.No.15403 of 2013. The 2nd respondent has stated in the impugned endorsement that the case pertaining to the said land and the subject issue is pending adjudication before this Court and that further action in respect of the subject land shall be subject to the outcome of the Court proceedings. 2. It is further submitted that Writ petition No.15403 of 2013 was disposed off by this Court, directing the respondents therein to consider the representation of the petitioner therein in accordance with law. The present writ petition can also be disposed off by directing the 2nd respondent to consider the case of the petitioner and pass necessary orders, as the writ petition referred to in the impugned proceedings has been disposed off by this Court today. 3. The learned Senior counsel appearing for the petitioner submits that the 5th respondent has no objection to the 2nd respondent in considering the representation of the petitioner, subject to the 2nd respondent issuing notice to the 5th respondent as well. 4. The learned Standing counsel appearing for respondent Nos.2 to 4 submits that the subject property in Survey No.19/2A is covered under the ULC and that the said survey number is included in the prohibitory list 4 HN, J W.P.No.4612_2026 maintained under Section 22-A of the Registration Act. It is submitted that, on account of the pendency of the writ petition No.15403 of 2013, the 2nd respondent could not lay a road, even though a gift deed in respect of an extent of 768 square yards was executed. 5. Recording the same, the present writ petition stands disposed off by directing respondent Nos.2 to 4 to consider the request of the petitioner. It is left open for the petitioner to submit a fresh representation, along with the necessary documents, to the 2nd respondent. The 2nd respondent shall consider the representation of the petitioner and pass appropriate orders in accordance with law. It is needless to mention that the 2nd respondent shall issue notice to the petitioner and the 5th respondent before passing any orders. The 2nd respondent shall consider the explanation or additional representation, if any, received from the 5th respondent and shall also afford an opportunity of hearing to the petitioner and other concerned parties. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:18.08.2026 NKA Whether the order is: Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 HN, J W.P.No.4612_2026 187 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4612 of 2026 Date: 18.08.2026 NKA