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2025 DAILYLAW 24667 (AP)

YARNAGULA JAYALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/17505/2025 · 2025-07-14

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

’ APHC010348692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17505 OF 2025 Between: Yarnagula Jayalakshmi, W/o. Ratnakarao, Housewife Srikakulam District, Andhra Pradesh. Aged about 66 years, Occ: D.No. 4-10-10-12, Janaki Rama Nagar Colony, Srikakulam, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Amaravathi, Velagapudi, Guntur District. 2. The Srikakulam Municipal Corporation, Rep. by its commissioner, Srikakulam, Srikakulam 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 Writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the 2^^ respondent in evicting the petitioner forcibly from the leased shop.no. 4 Ambedkar junction shopping complex through lease period is subsisting which was granted through the proceeding dt.02.02.2023 is as illegal arbitrary high handed and violation of Article 14 and 21 and 300-A of the Constitution of India and consequently direct the respondent not to evict and interfere with the possession and business activities of the petitioner in respect of shop.no. 4, Ambedkar junction shopping complex, Srikakulam. 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 to direct the respondents not to evict and interfere with the possession and business activities of the petitioner in respect of shop.no. 4 Ambedkar junction shopping complex, Srikakulam pending writ petition in this Hon’ble Court. Counsel for the Petitioner: SRI S. LAKSHMINARAYANA REDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY The Court made the following order: APHC010348692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17505/2025 Between: 1.YARNAGULA JAYALAKSHMI, W/0 RATNAKARAO, AGED ABOUT 66 YEARS, OCC HOUSEWIFE D.NO. 4-10-10-12, JANAKI RAMA NAGAR COLONY SRIKAKULAM, SRIKAKULAM DISTRICT ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARY, DEVELOPMENT DEPARTMENT, GUNTUR DISTRICT. URBAN AMARAVATHI, VELAGAPUDI, 2.THE SRIKAKULAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, SRIKAKULAM, SRIKAKULAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER:- The learned counsel for the petitioner submits that the petitioner is nd running a fruit shop on a leased shop belonging to the 2 respondent/corporation. It is submitted that the 2"^ respondent has extended the lease from 01.04.2023 to 31.03.2026 and also determined the revised rent payable for the said shop. The learned counsel for the petitioner further submits that, while the lease is subsisting in favour of the petitioner, the 2^^^^ respondent is now trying to evict the petitioner under the guise of conducting a fresh auction, without 2. issuing any notice to the petitioner. It is submitted that the petitioner is a senior citizen and is running a petty business from the said shop. The learned Standing Counsel appearing for the 2"*^ respondent submits that he has received oral instructions to the effect that the 2"^^ respondent is 3. not evicting the petitioner and the writ petition is filed only with an anticipation of any action from the 2"'^ respondent. 4. Recording the above submission, it is made clear that the 2'"'^ respondent shall not disturb the possession of the petitioner till the expiry of the lease period, without following the due process of law. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 3 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- P. VINOD KlilVlAR ASSISTA.NT REGi^-RAR //TRUE COPY// SEC OFFICER 4 To. 1. The Principal Secretary^ Municipal Administration and Development Department, State of Andhra Pradesh Velagapudi, Guntur District. Urban Amaravathi, 2. The Commissioner, Srikakulam Municipal Corporation, Srikakulam District. 3. One CC to Sri S. Lakshminarayana Reddy, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn Urban Development, High Court of Andhra Pradesh [OUT] ^One CC to Sri M. Krishna Rao, SC for Municipality [OPUC] Two CD Copies Srikakulam Cnr HIGH COURT CNR DATED:15/07/2025 C.C. BY TOMORROW ORDER WP NO. 17505 OF 2025 <y\\ 1 7 JUL 2025 m O ^ . Curreni iseciton ^ ^SPATCV^’^5-"''' DISPOSING OF THE W.P. WITHOUT COSTS