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2026:APHC:16392 APHC010435602023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No. 22602/2023 BETWEEN:

1. SRI RUDRA NARAYANA LAKSHMI NARASIMHA SWAMY COLONY WELFARE ASSOCIATION, YELLAPUVANI PALEM WARD No.66, VISAKHAPATNAM, (REGD.NO.46 OF 2021) REPRESENTED BY ITS SECRETARY K.V.V.SATYANARAYANA RAO S/o. SATYANARAYANA, AGED ABOUT 50 YEARS OCC: ADVOCATE, R/o.D.No.58-20-15/21, GF-2, B-BLOCK RAMYA ARCADE, APSEB COLONY, BUTCHIRAJUPALEM

VISAKHAPATNAM - 530027, A.P. …PETITIONER AND

1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR

DISTRICT

2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM, A.P.

3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM.

4. THE MANDAL REVENUE OFFICER, GOPALAPATNAM, NEAR NSTR FAMILY GATE VISAKHAPATNAM, A.P.

5. THE GREATER VISAKHA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM, AP

6. THE GREATER VISAKHA MUNICIPAL CORPORATION, REP.BY ITS ZONAL COMMISSIONER, ZONE-VIII GVMC OFFICE, SAI MADHAVA NAGAR, VEPAGUNTA

VISAKHAPATNAM, AP ...RESPONDENT(S)

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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 to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the inaction of the respondents, for regularize the approach road of 30 feet width in Sy.No.135/1 towards Northern side of Layout entrance road to connecting existence C.C.Main Road in Ward No.66 (old) New Ward No.88, Sy.No.134/5 and 135/2 of Yellapuvanipalem village, Visakhapatnam District for using the said approach road by 23 families of petitioner association as illegal, unlawful, arbitrary, unconstitutional and violation of principles of natural justice and to consequently direct the respondents to regularize the 30 feet width approach road in Sy.No.135/1 towards Northern side of layout entrance road to connecting existence C.C. Main Road in Ward No.66 (old) New Ward .No.88 in Sy.No.134.5 and 135/2 of Yellapuvanipalem village,

Visakhapatnam District and, to pass such other order or orders.

Counsel for the Petitioner:

1. K GANI REDDY Counsel for the Respondent(S):

1. K.MADHAVA REDDY (SC FOR GVMC)

2. GP FOR REVENUE

3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

The Court made the following:

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ORDER:

The present Writ Petition is filed under Article 226 of the

Constitution of India to declare the inaction of the respondents in regularizing the approach road of 30 feet width in Sy.No.135/1 towards northern side of layout entrance road to connecting existing C.C. main road in Ward No.66 (old) new ward No.88, Sy.No.134/5 and 135/2 of Yellapuvanipalem village, Visakhapatnam District, as illegal, unlawful, arbitrary, unconstitutional and violation of principles of natural justice and consequently prayed to direct the respondents to regularize the 30

feet width approach road in Sy.No.135/1.

2. The respondents have filed their counter affidavit and it is stated that earlier an application was filed by Smt. G. Radhika and 13 others and their request for regularizing of the road was rejected as it is not permissible as the land in survey No.135/1 is classified as Gedda Poramboke (Vagu) and the road cannot be formed and the lands cannot be regularized as it is water body vide proceedings dated 08.01.2020 and an endorsement was also issued to the applicants to furnish NOC from the Revenue Authorities, since, their LRS applications are contrary to Rule 6(6) G.O.Ms.No.10, MA&UD(M) Department, dated 08.01.2020 and further stated that the question of considering the request of the petitioner in the absence of NOC from

the Revenue Authorities does not arise.

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3. After arguing some time, learned