Mugada Ramulamma, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI Writ Petition No.38448 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking verbatim the following relief: " ...to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring a) The action of the respondent No.3 in not removing the unauthorised compound wall raised by the unofficial respondents closing the Public Road which is the only source of ingress and egress to reach 80" wide road from the properties of the petitioners is illegal and arbitrary and contrary to the provisions of Visakhapatnam Municipal Corporation Act.

b) The action of the 2nd respondent in allowing the unofficial respondents develop plots on 80" wide master plan road passing through the lands of the unofficial respondents herein as illegal and arbitrary and in violation of the provisions of Andhra Pradesh Urban Development Authorities Act.

And to consequently direct the respondents 2 and 3 to open the public roads existing in the Layout L.P.No.70 of 2015 for public access by removing the unauthorised compound wall around public roads and also direct the respondents No.2 and 3 not to allow constructions over the portion of land earmarked for 80" wide master plan road through the lands of unofficial respondents in Sy.No.20/2, 3, 4, 5P, 6, 7, 8, 10, 12, 13 and 14 of Kommadi, Visakhapatnam Rural Mandal, Visakkhapatnam District and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

Heard Sri V.V.Satish, learned counsel appearing for the petitioners; Sri P.Jagadishchandra Prasad, learned Standing Counsel appearing for the 2nd respondent-VUDA; and of Sri S.Lakshminarayana Reddy, learned Standing Counsel appearing for the respondents 3 and 8/ GVMC. I have perused the material record.

MSRM, J W.P.no.38448 of 2017 3.

At the hearing, learned counsel appearing for the petitioners would submit that if the representations, dated 06.09.2017 and 19.09.2017, are considered and disposed of in accordance with law, by the respondents 2 and 3, the grievance of the petitioners would be redressed.

4.

Learned Standing Counsel appearing for the respondents 2 and 3 endorses the said submission.

5.

Recording the said submissions, the Writ Petition is disposed of directing the respondents 2 and 3 to consider and dispose of, in strict accordance with procedure established by law, the respective representations, dated 06.09.2017 and 19.09.2017 of the petitioners, within four weeks from the date of receipt of a copy of this order and communicate the decisions taken thereon to the petitioners within one week after taking such decisions.

There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. _____________________ M. SEETHARAMA MURTI, J 15th November, 2017 RAR