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2014 DAILYLAW 1676 (AP)

Mutta Kalyani, v. Commissioner

WP/4156/2014 · 2026-06-22

Harinath N

body2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J W.P.No.4156_2014 APHC010605692014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4156/2014 Between: 1. MUTTA KALYANI,, W/O M KALI, AGED ABOUT 28 YEARS, OCC: COCONUT SHOP VENDOR, R/O F.NO 36/91/126 NALANDA NAGAR, NH 5 ROAD, VISAKHAPATNAM. 2. K DALINAIDU,, S/O LATE RAMULU, AGED ABOUT 53 YEARS, OCC: CHAT SHOP VENDOR R/O H NO 44-15-104, TC PALEM, NEAR SANTOSHIMATA GUDI, VISAKHAPATNAM. 3. PASUPUREDDY KALYAN, S/O PASUPUREDDY ESWARA RAO AGED ABOUT 24 YEARS, OCC: BARBER, R/O H.NO 38-38-67/1, SHIVA NAGAR, MARRIPALEM, VISAKHAPATNAM. 4. RAMJAN BIBI,, W/O PHARID, AGED ABOUT 31 YEARS, OCC: JUICE VENDOR R/O 58-1-95, 38-27-1 TO 38-Z9-10/5 58-1-38 TO 58- 1-219, MARRIPALEM VISAKHAPATNAM URBAN (MANDAL) VISAKHAPATNAM. 5. KHAIRUNISSA,, W/O SILAR, AGED ABOUT 53 YEARS, OCC: PAN SHOP BUSINESS R/O. 58-1-95, 38-27-1 TO 38-29-10/5, 58-1-38 TO 58-1-219, MARRIPALEM, VISAKHAPATNAM URBAN (MANDAL) VISAKHAPATNAM 6. YERUKOLA SATYAVATHI,, W/O YERUKOLA VENKATA RAO AGED ABOUT 34 YEARS, OCC: WASTE PAPER SALE SHOP R/O H NO 38-10-26, GAVARA VEEDHI MARRIPALEM, VISAKHAPATNAM (URBAN), VISAKHAPATNAM. 7. SK RAHMAN,, S/O SK MEDIN, AGED ABOUT 29 YEARS, OCC: MUTTON SHOP BUSINESS, R/O 38-36-93, MARRIPALEM VISAKHAPATNAM (URBAN), VISAKHAPATNAM. 8. KASARAPU BALARAJU,, S/O APPAYYA AGED ABOUT 63 YEARS, OCC: BARBER R/O 38-38-10, SHIVANAGAR, MARRIPALEM VISAKHAPATNAM. 9. ALETI BALA,, S/O LATE PESTYE, AGED ABOUT 35 YEARS, OCC: PHOTOFRAME BUSINESS R/O 38-33-62, MARRIPALEM, VISAKHAPATNAM 2 HN, J W.P.No.4156_2014 10. SIDHAM SITHAMMA,, W/O S APPA RAO, AGED ABOUT 57 YEARS, OCC: WASTE PAPER SELLER R/O D NO 1-101/2, SC COLONY, BAJI VISAKHAPATNAM URBAN, VISAKHAPTNAM. 11. P SURYANARAYANA,, S/O LATE P APPA RAO AGED ABOUT 38 YEARS, OCC: BARBER R/O 38-38-67, SHIVANAGAR, MARRIPALEM VISAKHAPATNAM 12. K SANYASAMMA,, W/O K DALINAIDU, AGED ABOUT 46 YEARS, OCC: SUGAR CANE JUICE VENDOR,R/O H NO 58-1-92, MARRIPALEM VISAKHAPATNAM. ...PETITIONER(S) AND 1. COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISHAKHAPATNAM. 2. DISTRICT COLLECTOR VISHAKHAPATNAM 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 toto issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring that the action of the first respondent in threatening to demolish the petitioner's shops near Marripalem bus stand without following the due process of law as unconstitutional and arbitrary and in violation of Article 19(1)(g) and the National Policy on Urban Street Vendors, 2004 and further direct the first respondent to regularize the shops of the petitioners by way of registration and license and pass. IA NO: 1 OF 2014(WPMP 5123 OF 2014 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 to direct the first respondent to not to evict the petitioners or destroy their hand carts pending disposal of the Writ Petition and pass. Counsel for the Petitioner(S): 1. VASUDHA NAGARAJ Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 2. GP FOR REVENUE 3. 3 HN, J W.P.No.4156_2014 ORDER: 1. The petitioners have approached this Court challenging the action of the 1st respondent in threatening to demolish the petitioners' shops near Marripalem Bus stand without following due process of law. 2. This Court, vide order dated 14.02.2014, granted an interim direction as prayed for. It is submitted that, in pursuance of the interim orders passed by this Court, the petitioners are continuing their business as street vendors. 3. The learned Standing counsel appearing for respondent No.1, on oral instructions, submits that the petitioners are still running their business on the road margin and that any action against them would be taken only after following due process of law. 4. Recording the same, the writ petition stands disposed off. It is made clear that the 1st respondent shall follow due process of law before taking any action against the petitioners. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:23.06.2026 NKA 4 HN, J W.P.No.4156_2014 63 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4156 of 2014 Date: 23.06.2026 NKA