APHC010365002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19615/2026 Between: 1. SUNKARI SANKARA LAKSHMI, W/O. SUNKARI LAKSHMANA RAO, AGED ABOUT 44 YEARS, R/O. P 37-14, ASHOKA PARK 9 IRSD CIVILIAN DEFENCE COLONY, KANCHARAPALEM, NEAR ADMINISTRATIVE OFFICE, VISAKHAPATNAM-530008. 2. RAYAVARAPU APPARAO,, C/O. RAYAVARAPUKANNAM NAIDU, AGED ABOUT 71 YEARS, R/O. 19-506/25, DARAPALEM, CHINNADILI, VISAKHAPATNAM-530040. 3. GEDDAM VIJAYA LAKSHMI, C/O. GEDDAM SURYA RAO, AGED ABOUT 64 YEARS, R/O. 7-35 GONTHELAMMA TEMPLE STREET, BACK OF LUTHARAN CHURCH, RAVULAPALEM, EAST GODAVARI- 533238. 4. TIRUMALARAJU VARAHALARAJU,, S/O. TIRUMALARAJU A.N. RAJU, AGED ABOUT 62 YEARS, R/O. D.NO. 10-81, SAIRAM COLONY, MADHURAWADA, KOMMADI, VISAKHAPATNAM-530048. 5. BOYI APPALANARASAMMA,, W/O. BOYI NOOKA REDDY, AGED ABOUT 66YEARS, R/O. 58-10-32, NEW KARASA,N.A.D. POST, VISAKHAPATNAM-530009. 6. DAKARAPU NOOKA RAJU,, S/O. LATE DAKARAPUKONDAYYA AGED ABOUT 66 YEARS,R/O. 53-30-17/1, K.R.M. COLONY, NEAR RAMALAYAM, VISAKHAPATNAM-530013. 7. JAKKAPU VEERABHADRARAO,, S/O. JAKKAPU SATHYAM, AGED ABOUT 69YEARS, R/O. 58-28-25/4, GANDHI NAGAR,BUTCHIRAJUPALEM, GOPALAPATNAM, VISAKHAPATNAM- 5300027. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR-522 237 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM-530 003 3. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, GVMC, VISAKHAPATNAM-530 003 4. THE TAHSILDAR, VISAKHAPATNAM RURAL MANDAL, VISAKHAPATNAM-530 020 5. ADABALA SUBHASHINI, W/O. ADABALA SURESH KUMAR, AGED ABOUTNOT KNOWN TO THE PETITIONER, R/O. 37-12-54/2, KAPARADA, NGGOS COLONY, VISAKHAPATNAM-530 007. ...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 an appropriate Writ, Order or direction, more particularly one in nature of Writ of Mandamus, declaring the action of the respondents more particularly Respondent No.3 and 4 in allowing the illegal encroachments made by the unofficial respondent forming part of road portion inSy No. 7/1 of Dharapalem limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam pursuant to the approved layout plan vide IPLP 2020/ VSP/ 000175 and layout approved by Panchayat vide P.R No. 31 dated 31-07-1972as illegal, arbitrary and unjust, contrary to law and violative of Principles of Natural Justice and Articles 14, 19,21 and 300-A of Constitution of India, apart from being contrary to the provisions of A.P Municipal Corporation Act, 1994 and consequently direct the respondents to demolish the illegal encroachments forthwith in road portion in Sy No. 7/1 of Dharapalem limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam pursuant to the approved layout plan vide IPLP 2020/ VSP/ 000175 and layout approved by Panchayat vide P.R No. 31 dated 31-07- 1972and further direct the respondents to take possession by conducting survey if necessary to demarcate the road portionin the interest of justice and 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 Official Respondents more particularly Respondents Nos. 3 to demolish the illegal structures and encroachments forthwith in road portion in Sy No. 7/1 of Dharapalem limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam pursuant to the approved layout plan vide IPLP 2020/ VSP/ 000175 and layout approved by Panchayat vide PR No. 31 dated 31-07-1972 pending disposal of the above Writ Petition in the interest of justice and 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 pleased to direct the Official Respondents more particularly Respondents Nos. 2 to 4 to maintain the same as road portion forming part of the Sy No. 7/1 of Dharapalem limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam pursuant to the approved layout plan vide IPLP 2020/ VSP/ 000175 and layout approved by Panchayat vide P.R No. 31 dated 31-07-1972 pending disposal of the above Writ Petition in the interest of justice and pass Counsel for the Petitioner(S): 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19615 OF 2026 ORDER: 1. The petitioner has filed the present writ petition aggrieved by the action of respondent Nos.3 and 4 in permitting the illegal encroachment made by respondent No.5. 2. The learned Standing Counsel appearing for respondent No.3 has placed on record the instructions received by him. It is stated therein that the respondent authorities have conducted an inspection and found that an unauthorized structure has been constructed by encroaching upon a 24-feet road, contrary to the approved layout. It is further stated that the efforts made to trace respondent No.5 did not yield any result and, therefore, notice could not be served upon him in respect of the unauthorized construction. The learned Standing Counsel further submits that appropriate action will be taken to remove the unauthorized construction raised over the road portion within a period of six weeks. 3. Recording the aforesaid submission, respondent Nos.3 and 4 are directed to ensure that no further construction is undertaken over the subject road portion and to initiate appropriate action, in accordance with law, for removal of the unauthorized encroachment over the road portion and for restoration of the road for use by the general public. 4. With the above observations and directions, the writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 209 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19615 of 2026 Date: 24.08.2026 KGM