IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATi (Special Original Jurisdiction) ft /I O THURSDAY, THE EIGHTH DAY OF MAY I TWO THOUSAND AND TWENTY FIVE % PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12925 OF 2025 r Between: Pallam Chandraiah, S/o Chennaiah, Aged about 54 years, Occ- Business, Resident of D.No.93/139-488, Plot No. 162, Indira Nagar, C.K.Dinne Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development (MAUD), Velagapudi, Amaravathi. 2. The Kadapa Municipal Corporation, Rep. by its Commissioner, YSR Kadapa District. 3. The Tahsildar, C.K.Dinne Mandal, YSR Kadapa District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ, Order or Direction more particularly nature of Writ of Mandamus declaring the action of the 2nd issuing the encroachment notice vide Roc.No.422/2025/GI, dated 06-05- 2025 granting 72 hours time to remove the Kirana -cum- Tea Stall bearing tin No.TL/04938/2016 (Old TIN No. 16/33), situated in First Street Circle may one in the respondent in w/ Indira Nagar, Mamillapalli village, Kadapa Town and Mandal, YSR Kadapa District though there is an order of this Honourable court passed in I.A.No.l of 2025' in W.P.No.9997 of 2025, dated 07-05-2025 is illegal, arbitrary and unconstitutional and also violation of principles of natural justice, set aside the'.same and consequently direct the 2nd respondent not to demolish the petitioners shop. lA NO: 1 OF 2025 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 suspend the operation of the Notice Roc.No.422/2025/G I, dated 06-05-2025 by directing the 2nd respondent not to demolish the petitioner’s Shop bearing Shop TIN No.TL/04938/2016 (Old TIN No. 16/33), situated in First Street Circle, Indira Nagar, Mamillapalli village, Kadapa Town Mandal, YSR Kadapa District, pending disposal of the Writ petition before this Honourable court. and Counsel for the Petitioner: SRI. and Counsel for the Petitioner: SRI. VUTUPALLI RAJANNA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2:SRI P VENGAL REDDY SC FOR ^ MUNCIPALITY Counsel for the Respondent No.3: GP FOR REVENUE ^ The Court made the following order: 1 APHC010258312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE EIGHTHDAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12925/2025 Between: Pallam Chandraiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 1 2 THE HOiNOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PIEETITIQN NO: 1292f; DF ORDER; The present Writ Petition is filed to declare the action of the Respondent No 2 in issuing the encroachment Notice vide ROC.No.422/2025/G1, dated 06.05.2025, granting 72 hours time to remove the Kiran-cum-Tea Stall bearing TIN No.TL/04938/2016 ( Old TIM No. 16/33) situated in First Street Circle, Indira Nagar, Mamillapalli Village, Kadapa Town, YSR Kadapa District, as illegal and arbitrary. 2. 1 he Petitioner claims to have given Possession Certificate vide Certificate No.293/2010, dated 02.02.2010 by the then Tahsildar C.K. Dinne Mandal, in recognition of the possession and since the date of allotment, he is in posse ion of the said property. The Petitioner had ss applied for trade license and accordingly, the Respondent No.2 Corporation granted trade license bearing License No.TL/04938/20 16 and since the date of granting license, he is paying necessary charges. While so, the impugned Notice was issued calling upon the Petitioner to remove the premises on the ground that the Petitioner is an encroacher of the public property. 3. Learned Counsel for the Petitioner submits that the Petitioner could also beOreated as street vendor under Street Vendor Act, 2016 and IS entitled to continue in the said premises. Apart from that the counsel \ I 3 for the Petitioner submits that the shop in question is of no hindrance to local traffic and the livelihood of the Petitioner would be lost. 4. Learned Standing Counsel submits that the impugned Notice cannot be faulted as there is an encroachment of the public road by the Petitioner and the same is causing traffic issues in the area. He further submits that the Possession Certificate does not confer any right over the Petitioner and therefore, the encroachment notice cannot be faulted. 5. Having heard the respective counsel, this Court is of the opinion that the present Writ Petition is disposed of with the following directions; The Respondent Authorities shall consider the applicability of the Petitioner under The SJtreet Vendors (Protection of Livelihood and Regulation of Streejt Vending) Act, 2014 and endeavour to provide alternative space to the Petitioner for doing business The Respondent Authorities are directed to complete' the said process within a period of 12 weeks from today; and Till such exercise is completed, ststus quo obtaining today shall be maintained by all th€) parties. i) ii) iii) as on iv) No order as to costs. 4 As a sequel, miscellaneous applications pending stand closed,. if any, shall also Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// TT'- SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development (MAUD), State of Andhra Pradesh, Velagapudi, Amaravathi. 2. The Commissioner, Kadapa Municipal Corporation, YSR Kadapa District. 3. The Tahsildar, C.K.Dinne Mandal, YSR Kadapa District. 4. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] 5. One CC to Sri. P Vengal Reddy SC for Muncipalities [OPUC]. 6. Two CCs to GP for Municipal Admin and Urban Dev, High Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:08/05/2025 ORDER WP.No.12925 of 2025 nsfrw® 4r-/ DISPOSING OF THE WP WITHOUT COSTS