APHC010307812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15721 and 28064 of 2025 WP.No.15721 of 2025 Between:

1.PARVINDDR SINGH KOHLEE, S/O. GURUBAKSH SINGH KOHLI, AGED 64 YEARS, DOOR NO.54-20/3-21, PLOT NO.59, GURUDWARA STREET, GURUNANAK COLONY, GURUNANAK NAGAR, VIJAYAWADA-08 ...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI

2.THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT.

3.PADARTHI SRIDHAR, S/O. SURYA PRAKASA RAO, AGED 54 YEARS. BUSINESS, 41-1/4-38, 1ST LANE, DWARAKA NAGAR,KRISHNA LANKA,VIJAYAWADA.

...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 tomay be pleased to issue any Writ or Order or Direction more particularly one in the nature of Writ of Mandamus, declaring inaction of the 2nd Respondent in allowing Respondent no. 3 in constructing of shed without permission that too on a structure, a part of which is required it to be pulled down, as illegal, arbitrary, unjust, discriminatory and also in violation of the principles of natural justice and consequently direct the 2nd Respondent to remove illegal and un-authorized construction of shed by 3rd Respondent made in D.Ho.27-6-117 B and also the shed raised over the shop in D.No.27-

6- 117B which is under petitioner occupation and to pass such IA NO: 1 OF 2025 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 grant stay of all further works including proceeding with construction by 3rd Respondent in floor of D.no. 27-6-117, at Prakasam Road, Governor Pet, Vijayawada, pending disposal of main Writ Petition and to pass such IA NO: 2 OF 2025 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 grant leave to the petitioner herein/Respondent No.2 in the Writ Petition No. 15721 of 2025 to file Counter affidavit in the above Writ Petition and pass Counsel for the Petitioner:

1.D BUTCHI BABU Counsel for the Respondent(S):

1.GP FOR MUNCIPAL ADMN URBAN DEV

2.Pilla N.V.L.Narayana Aditya

3.S.V.S.S.SIVARAM SC For VMC WP.No.28064 of 2025 Between:

1.PADARTHI SRIDHAR,, S/O SURYA PRAKASA RAO, AGED 54 YEARS, BUSINESS, R/O D.NO.41-1/4-38, 1ST LANE, D WAR AKA NAGAR, KRISHNA LANKA, VIJAYAWADA. KRISHNA DISTRICT, PRESENTLY NTR DISTRICT.

...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2.THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VIJAYAWADA. KRISHNA DISTRICT, PRESENTLY NTR DISTRICT.

3.PARVINDAR SINGH KOHLEE, S/O GUMBAKSH SINGH KOHLI, AGED 64 YEARS, R/O D.NO.54-20/3-21, PLOT NO.59, GURUDWARA STREET, GURUNANAK COLONY, GURUNANAK NAGAR, VIJAYAWADA. KRISHNA DISTRICT, PRESENTLY NTR DISTRICT ...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 by declaring the action on the part of the Respondent no.2 in issuing Notice vide Rc.G2 - 110355/2025 dt.26-09-2025 under Sec.636 of MC Act, 1955 (Municipal Corporation Act) directing the Petitioner to remove the un authorized G.I/Asbestos Shed existing in the first floor of the building bearing D.No.27-6-117, Prakasam Road, Governorpet, Vijayawada, within 7 days from the date of the receipt of the said Notice, without properly considering the Explanation s