JUDGMENT :

1. Sri P. Ranga Rao, the petitioner, is present in person. He is represented through his counsel, Sri Srinivas Ambati.

2. Heard Sri Srinivas Ambati, learned counsel for the petitioner and learned Government Pleader for Municipal Administration for the respondent No.1, Sri S. Lakshminarayana Reddy, learned Standing Counsel for the respondent Nos. 2 and 3 and Sri V. Surya Kiran Kumar, learned counsel for the respondent Nos.4 and 5.

3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-

“I, therefore, humbly pray that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the respondents 2 to 5 on my representations dt. 09.05.2022, 13.06.2022, 20.06.2022 and 23.06.2022 submitted to remove the unauthorized construction of commercial shops by the respondents 6 and 7 by encroaching the undivided common area of 75.70 square yards in Ground Floor in VUDA Approved and Formed Layout in Survey No.128 of Yendada village, Gudlavanipalem, Sagar Nagar, GVMC limits, Visakhapatnam City, Visakhapatnam District, as illegal, irregular, arbitrary, violative of provisions of A.P. Municipal Corporation Act, Andhra Pradesh Urban Areas Development Act, 1975 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 5 to remove the unauthorized construction of commercial shops raised by the respondents 6 and 7 by encroaching the undivided common area of 75.70 square yards in Ground Floor in VUDA Approved and Formed Layout in Survey No.128 of Yendada village, Gudlavanipalem, Sagar Nagar, GVMC limits, Visakhapatnam City, Visakhapatnam District and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

4. The petitioner with respect to the same cause of action and for the same reliefs against the same respondents, earlier filed W.P.No.32260 of 2022, through different counsel namely Sri K.V. Aditya Chowdary.

5. W.P.No.32260 of 2022, which is pending, was filed on 23.09.2022 and on 29.09.2022, this Court passed the following order:-

“On a specific query made to the learned counsel for the petitioner regarding maintainability of the writ petition against the unofficial respondent Nos.4 and 5 with respect to their alleged encroachment of common area and raising illegal construction on the common area between the MIG houses, learned counsel for the petitioner submits that as per the layout plan if any encroachment is made in the common area either by the unofficial respondents or by some other persons, the Municipal Corporation is the competent authority to take action. He prays that the matter may be listed after Dussehra Vacation to enable him to file relevant documents in support of his contention.

List on 20.10.2022.”

6. It is evident from reading of the order dated 29.09.2022 in W.P.No.32260 of 2022, that on a specific query made to the learned counsel for the petitioner therein, regarding maintainability of the writ petition, it was submitted that the Municipal Corporation is the competent authority to take action, but time was sought to enable him to file relevant documents in support of his contention, upon which time was granted, posting the matter for 20.10.2022.

7. In view of the pendency of the earlier W.P.No.32260 of 2022, the second writ petition cannot be maintained. The petitioner not only filed the present second writ petition but also did not disclose filing and pendency of the W.P.No.32260 of 2022 and the order dated 29.09.2022 passed therein.

8. On the contrary in Para No.9 of the affidavit filed in support of the writ petition, the petitioner stated as follows:-

“9. I have no other alternative remedy except to approach this Hon’ble Court invoking the jurisdiction in its extra ordinary jurisdiction under Article 226 of the Constitution of India. I have not filed any suit or Writ