IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14035 OF 2025 Between: Yakkala Suhas, S/o Late Venkateswara Subbarao, Aged about 32 years, Occ: Business, R/o D.No. 9-6-6, Motupallivari Street, Backside Bhaskar Deluxe, Guntur, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented Principal Secretary, Municipal Administration and Urban Development Department, Velagapudi, Amaravathi, Guntur District. 2. The Vinukonda Municipality, Represented by its Commissioner, Vinukonda, Palnadu District, (Erstwhile Guntur 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 may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in issuing the Notice dated 26.05.2025 under section 189, 190, 192 and 199 of The Andhra Pradesh Municipalities Act, 1965 to the Petitioner with regard shop situated at D.No.24-5 No.25 of Sivaiah Stupam Center, Vinukonda Town, Palnadu District ward (Erstwhile Guntur District) without conducting any enquiry and without following the procedure contemplated under the Act and violating the nothing but illegal, arbitrary. Principles of Natural Justice which is erroneous, highhanded and violative of Article 14,19,21 and 300A of The Constitution from violative of the Procedure contemplated under The of India apart Andhra Pradesh Municipalities Act, 1965 and consequently set aside the notice dated 26.05.2025 issued by the Respondent No.2 with regard shop situated at D.No.24-5, ward No.25 of Sivaiah Stupam Center; Vihukonda Town, Palnadu District (Erstwhile Guntur District). / 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 grant stay of all further proceedings pursuant to the notice dated: 26.05.2025 issued by the Respondent No.2 with regard shop situated at D.No.24-5, ward No.25 of Sivaiah Stupam Center, Vinukonda Town, Palnadu District (Erstwhile Guntur District), pending disposal of the main writ petition. Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER APHC010278832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14035/2025 Between: ...PETITIONER Yakkala Suhas AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP I THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14035/2025 Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “....to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No 2 in issuing the Notice dated 26.05.2025 under section 189 190 192 and 199 of The Andhra Pradesh Municipalities Act 1965 to the Petitioner with regard shop situated at D. No. 245 ward No 25 of SiyaiahStupam Center Vinukonda Town Palnadu District Erstwhile Guntur District without conducting any enquiry and without following the procedure contemplated under the Act and violating the Principles of Natural Justice which is nothing but Illegal arbitrary erroneous highhanded and violative of Article 14 19 21 and 300A of The Constitution from violative of the Procedure contemplated under The of India apart Andhra Pradesh Municipalities Act 1965 and consequently set aside the notice dated 26 05 2025 issued by the Respondent No 2 with regard shop situated at D No 245 ward No 25 of SivaiahStupam Center Vinukonda Town Palnadu District Erstwhile Guntur District" 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing for the 1®* respondent and Smt.Sirisha Vallabhaneni, learned Standing Counsel appearing for the 2"^ respondent. Learned counsel for the petitioner submits that the 2’^^ respondent has issued impugned notice dated 26.05.2025 calling upon the petitioner to 3. remove the structures belonging to the petitioner by pre-determiningthe same to be encroached, which is clearly in violation of principles of natural justice. nd On the other hand, learned Standing Counsel appearing for the 2 4. respondent, on instructions, submits that in pursuance to the notice issued. 2 HCGRJ W.P.No.l4035of2025 only after verification of documents and ascertaining as to whether there are any encroachments, necessary action would be taken in accordance with law. At any rate, as it is only a notice, petitioner is entitled to submit explanation which will be considered in accordance with law. In view of the aforesaid submission, without entering into the merits of 5. the matter, at the stage of admission, with the consent of counsels, the Writ Petition is disposed of by permitting petitioner to submit explanation to the impugned notice dated 26.05.2025 issued by the 2'^'^ respondent within two (2) weeks from today and thereafter, the 2'"'^ respondent is directed to pass appropriate speaking orders within eight (8) weeks, by providing due opportunity to the petitioner. Till such exercise is completed, the 2 respondent is directed not to take any coercive action against petitioner’s nd structures. No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- U. SRIDEVl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Vinukonda Municipality, Vinukonda District, (Erstwhile Guntur District) 3. One CC to Sri A K Kishore Reddy Advocate [OPUC] Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 5. One CC to Smt. Municipalities, Advocate [OPUC] 6. Three CD Copies Palnadu Sireesha Rani Vallabhaneni, SC for TF HIGH COURT DATED;29/05/2025 ORDER WP.No.14035 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS