\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14304 OF 2025 Between: 1. Shaik Ghouse Basha, s/o Shaik Imam Hussain, Aged about 35 years, R/o B/23, Chowdamma Street, Badvel Town, YSR Kadapa District. 2. V.Subbalakshumamma, W/o. Sriramulu Reddy, Aged 50 years, R/o 5/78, Gandia Street, Badvel Town, YSR Kadapa District. 3. K.Chandra Mohan, S/o Santaiah, Aged about 52 years, R/o 11/1/156, Gandia Street, Badvel Town, YSR Kadapa District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. 2. Badvel Municipality, rep. by its Commissioner, Badvel, 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly 2""' respondent in attempting to demolish the tin sheet shops Porumamilla road near four roads junction Badvel, YSR Kadapa district of the may on <9 pstitioners without passing the final orders having issued show cause notice 29-05-2025 in his ROC NO.858/G1/2025 under Section 192 oif Andhra Pradesh Municipalities Act, 1965 and also without considering the explanation submitted by the petitioners on 06-06=2025 as illegal, unjust, arbitrary, discriminative, high handed, mala fide, on extraneous considerations and consequently direct the 2nd respondent not to demolish the tin sheet shops on Porumamilla road near four roads junction &^vel, YSR Kadapa district of the petitioners without passing final orders. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased ^^rect the 2"'^ respondent not to demolish the tin sheet shops Porumamilla road near four roads junction BadN^TYSR Kadapa district of the petitioners pending disposal of the above Writ Petition. on V Counsel for the Petitioner(s):SRI L J VEERA REDDY ^ Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV ^ Counsel for the Respondent No.2:SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITY) The Court made the following: ORDER p APHC010284822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) P [3460] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14304/2025 Between: 1.SHAIK GHOUSE BASHA, S/0 SHAIK IMAM HUSSAIN, AGED ABOUT 35 YEARS, R/0 B/23, CHOWDAMMA STREET, BADVEL TOWN YSR KADAPA DISTRICT 2.V.SUBBALAKSHUMAMMA,, W/0. SRIRAMULU REDDY, AGED 50 YEARS, R/0 5/78, GANDLA STREET, BADVEL TOWN, YSR KADAPA DISTRICT 3.K.CHANDRA MOHAN, S/0 SANTAIAH, AGED ABOUT 52 YEARS, R/0 11/1/156, GANDLA STREET, BADVEL TOWN, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, MYNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.BADVEL MUNICIPALITY, REP. BY ITS COMMISSIONER, BADVEL, YSR KADAPA DISTRICT. ...RESPONDENT{S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.14304 OF 2025 ORDER: The present writ petition is filed on the apprehension that the respondents are attempting to demolish the tin sheet shops of the petitioners on Porumamilla Road near four roads junction, Badvel, YSR Kadapa District without considering the explanation dated 06.06.2025 given by the petitioners to the show cause notice dated 29.05.2005 vide Roc.No.858/G1/202 5. 2. The case of the petitioner No.1 is that he is running a mixture shop in a tin shed of an extent of 7’x13’ on road margin on eastern side of Porumamilla Road, Badvel for more than 40 years. The petitioner Nos.2 and 3 are similarly running shops adjacent at the same place of an extent of 12’x3’ and 5’x13’ respectively. 3. While so, the respondent No.2 had issued show cause notice on 29.05.2025 under Section 192 of Andhra Pradesh Municipalities Act, 1965 calling upon the petitioners to submit explanation as to why the shops of the petitioners should not be removed as they have encroached on the municipal property. The petitioners submitted their explanation on 06.06.2025 stating that they have been in possession of their respective shops from long time. Though no final order has been passed on the explanation furnished by the petitioners, the present writ petition is filed as the petitioners are being threatened of demolishing of the shops by the staff of respondent No.2. 3 \ 4. Learned Standing Counsel for the respondent No.2 passed on instructions signed by the Commissioner, Badvel Municipality, on the merits of the case. However, learned which are more Standing Counsel would submit that procedure as contemplated under law would be followed. 5. Taking into consideration the rival submissions, this Court is of the opinion that the writ petition can be disposed of with the following directions:- The respondents shall provide opportunity of hearing the petitioners and shall take further action, if required, only after passing final orders to on the explanation dated 06.06.2025 submitted by the petitioners. Till such time. no coercive steps shall be taken by the respondents against the petitioners. 6. The Writ Petition is abcordingly disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shail stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUECOPY// SECTION OFFICER To, The Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. The Commissioner, Badvel Municipality, Badvel, YSR Kadapa District. One CC to SRI. L J VEERA REDDY, Advocate [OPUC] TwoCCsto GP MUNCIPALADMN AND URBAN DEV, High Court Of Andhra Pradesh. [OUT One CC to SRI. G. LAKSHMI NARAYANA, Advocate (SC FOR MUNICIPALITY) [OPUC] Three CD Copies 1. 2. 3. 4. 5. 6. nm / HIGH COURT DATED: 17/06/2025 ORDER WP.No.14304 of 2025 •e O o X 19 JUl 2025 m Co O ^ . Current Section DISPOSING OF THE WP WITHOUT COSTS