APHC010169302013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36696/2013 Between: 1. R. MOHD. SHAFI, S/O R. DADA SAB, AGED 35 YEARS, 0CC: GAS REPAIRER SHOP, R/O. D.NO. 20/298, AMBARAPU STREET, ANANTAPUR. 2. S.DADA BASHA,, S/O ALLA BAKSH, AGED 47 YEARS, 0CC: COCUNUT VENDING SHOP, R/O 90/2/691, RANI NAGAR,ANANTAPUR. 3. D.ABDUL FAROOQ,, S/O D. ABDUL RAHMAN, AGED 25 YEARS, OCC:BANGLE STORE, R/O. 28/2/153, NAVODAYA COLONY, ANANTAPUR. 4. K. NANDO RAM BABU,, S/O K. GOPAL, AGED 28 YEARS, 0CC: EGGS BUSINESS, R/O 25/39, PRABHKAR STREET, ANANTAPUR. 5. G. NAGABHUSHNAM,, S/O G. OBLIAH, AGED 46 YEARS, 0CC: RUNNING TIFFIN STALL, R/O20/399, AMBARAPU STREET, ANANTAPUR. 6. DUDEKULA IMAMULU,, S/O D. BABAIAH, AGED 42 YEARS, 0CC: LYSON BUSINESS, R/O 19/1/191, VINAYAKA NAGAR, ANANTAPUR. 7. SYED SARMAS VALI,, S/O S. KHASIM SAB, AGED 35 YEARS, 0CC: FLOWER MERCHANT, R/O NEERUGANTI STREET ,OLD TOWN, 2 ANANTAPUR. ...PETITIONER(S) AND 1. THE SECRETARY TO GOVERNMENT, MUNIDPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY, GOVERNMENT OF A.P. HYDERABAD. 2. THE MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION ANANTAPUR, DISTRICT ANANTAPUR. 3. THE REVENUE OFFICER, MUNICIPALITY ANANTAPUR, ANANTAPUR 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 to issuing any writ order or direction more in the nature of writ of mandamus declare the action of the respondents 2and 3 demanding the petitioners to evict the running business premises as illegal and ultravirous to the constitution without following due process of law and without following principles of natural justice in a highhanded and illegal manner by threat or otherwise which illegal and unconstitutional offending Article 14 & 16 of the constitution of India consequently directing the respondents No.2 and 3 not to evict the petitioners from the sheds premises of southside Kasturiba Girls High School, old town, Anantapur or cause any interference in their business activities in the above premises IA NO: 1 OF 2013(WPMP 45623 OF 2013 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 respondents No.2 and 3 not to evict petitioner from their sheds premises of south side Kasturiba Girls High School, old town, Anantapur pending disposal of the writ petition IA NO: 4 OF 2013(WPMP 199875 OF 2013 3 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 IA NO: 1 OF 2014(WVMP 76 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 vacate the interim order dated 20.12.2013 in W.P. No. 36696 of 2013. Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN AND URBAN DEV 2. T BHEEMANNA(S C FOR MUN CORP ATP) The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36696/2013 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare the action of the respondents 2 and 3 in demanding the Petitioners to evict the running business premises as illegal and ultravirous to the constitution without following due process of law and without following principles of natural justice in a highhanded and illegal manner by threat or otherwise which illegal and unconstitutional offending Article 14 & 16 of the constitution of India and consequently direct the respondents No.2 and 3 not to evict the petitioners from the sheds premises of south side Kasturiba Girls High School, old town, Anantapur or cause any interference in their business activities in the above premises ”. 2. The Petitioners are doing petty business in the small sheds in the south side of Kasturiba Girls High School, Old Town, Anantapur, for about fifteen years. As there was threat of dispossession, the present Writ Petition was filed by the Petitioners. 3. This Court on 13.12.2013 had passed interim order directing the status quo to be maintained by the parties. 4. Learned Standing Counsel submits that he has no instructions from the Respondents. 5 5. Considering the nature of the relief sought in the Writ Petition, this Court is of the opinion that the present Writ Petition can be disposed of with the following directions: i) The Respondent Authorities are directed to follow the procedure recognized under law before taking any action against the Petitioners; and ii) There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 09-07-2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No. 36696 of 2013 Dt.09-07-2025 eha U