IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^ ^ PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: np 2015 X o o Between: M.Zaheeahir Bhasha, S/o Late M.Topee Peera Cinema Theatre, Dharmavaram Town, Ananthapuram District. R/o 9-558, Behind Sridevi ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Dept., Secretariate, Hyderabad. 2. The Dharmavarm Municipality, Rep. by its Commissioner, Town, Ananthapur District. Dharmavaram ...RESPONDENTS 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 order or direction declaring the action of the 2nd respondent in trying to demolish the petitioner's tea bunk admeasuring 0.05 cents (1/2 cent) situated at Old Bus Stand, Dharmavaram Town and Modal Anantapuram District without issuing any notice and without foiiowing any procedure contempiated under law is , iiiegai and arbitrary and consequentiy direct the respondents not to demolish the petitioner's tea bunk admeasuring 0.05 cents (Y2 cent) situated at Old Bus Stand, Dharmavaram Town and Mandal Anantapuram District and to pass such alum' order or orders proper in the circumstances of the as this Hon’ble Court may deems fit just and case. LA. NO: 1 OF 2015fWPMP. NO: 5825 OF Petition under Section 151 CPC stated in the affidavit filed i be pleased to direct the praying that in the circumstances in support of the writ petition, the High Court may respondents not to demolish the tea bunk admeasuring 0.05 cents (1/2 cent) situated at Old Bus Stand Town and Mandal, Anantapuram District , Dharmavaram pending disposal of the above writ petition. Counsel for the Petitioner(s):SRI. N ASWARTHA NARAYANA Counsel for the Respondent No.1: GP-MUNCIPAL ADMN AND Counsel for the Respondent No.2: M/s. SIREESHA RANI VALLABHANENI,(Standing Counsel For Municipalities) URBAN DEV The Court made the following: ORDER APHC010176872015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4395/2015 Between: ...PETITIONER M.zaheeahir Bhasha AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP-MUNC1PAL ADMN AND URBAN DEV(AP) The Court made the following: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue a writ of mandamus or any other appropriate writ order or direction deciaring the action of the 2^^ respondent in trying to demolish the petitioner’s tea bunk admeasuring 0.05 cents (r2 cent) situated at Old Bus Stand, Dharmavaram Town and Modal, Anantapuram District without issuing any notice and without following any procedure contemplated under law is illegal and arbitrary and consequently direct the respondents not to demolish the petitioner’s tea bunk admeasuring 0.05 cents (>2 cent) situated at Old Bus Stand, Dharmavaram Town and Mandal, Anantapuram District...” The case of the petitioner is that he is in possession of the small tea bunk admeasuring 0.05 cents (V2 cent) situated at Old Bus Stand, Dharmavaram Town and Mandal, Anantapuram District for the past 25 years and paying tax as assessed by the Municipality-2'’'‘ respondent. While so, the 2'''* respondent, without any notice, directed the petitioner to vacate the shop. Complaining the same, the present writ petition is filed. 2. Heard learned counsel for the petitioner and learned Standing counsel 3. appearing for respondent No.2. 4. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2, has furnished a cop^^f instructions, wherein it 3 is stated that the petitioner has encroached the respondent Municipal vacant site to an extent of >2 cent ((20.25 Sqmt) in Sy.No.429/2A at Old Bus Stand Dharmavaram. Thereafter, in pursuance of a resolution passed by the Municipal Council to construct a new commercial shopping complex in Sy.No.429/2A, the petitioner’s temporary room was demolished along with the other constructions made on the said survey number and thereafter Municipal Commercial Shopping Complex G+1 was constructed in the said premises as per the Governmentorders vide G.O.Ms.No.56, dt.05.02.2011 and named it is named as “Gorakati Peddareddy (Pil Reddy) Municipal Commercial Shopping Complex and accordingly the shops were auctioned as per procedure in the year 2015 itself. From the above instructions, it is evident that the room that was 5. temporarily constructed by the petitioner by encroaching the Municipal vacant site was demolished along with other unauthorized constructions pursuant to a resolution passed by the Municipal Council to construct a new commercial complex in Sy.No.429/2A in the year 2011 itself. It also shows that after the said demolition new Municipal Commercial Shopping complex has also been constructed and shops were auctioned in the year 2015 itself, in accordance with due procedure. Hence, this Court is of the opinion that no interference is warranted at this stage. 4 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. \ Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. OneCCto SRI. N ASWARTHA NARAYANA, Advocate [OPUC] 2. One CC to M/s. SIREESHA RANI VALLABHANENI,Standing Counsel For Municipalities, Advocate [OPUC] 3. Two CCS to GP-MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh. [OUT] 4. Three C.D.Copies nm HIGH COURT DATED:19/02/2025 ORDER WP.No.4395 of 2015 g 01 APR 2IKfi I ^ . Curreni o^uon . V^i?SPATC«^^ DISMISING THE WP WITHOUT COSTS