/fI / APHC010351582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17649 OF 2025 Between: Mohammad Showkath AN, S/o Ghouse Saheb, Aged about 51 years, R/o 47- 1-40, Rangu Thota, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Co- Operative Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh. The District Cooperation Officer, Ongole, Prakasam District, Andhra Pradesh. The Ongole Cooperative Central Stores Limited, Rep. by its Assistant Registrar/Managing Director Ongole, Prakasam District Andhra Pradesh. 2. 3. 4. 5. 6. 7. The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh. The Deputy Superintendent of Police, Ongole Town, Prakasam District, Andhra Pradesh. The Station House Officer, Ongole Town, Prakasam District, Andhra Pradesh 8. 9. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fifed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the impugned notice bearing R.C. No. 01/2025 Dated 10.07.2025 issued by the 6^^ Respondent during the subsistence of lease period as being illegal, unconstitutional and violative of the principles of natural justice and consequently direct the respondents to set aside the Impugned notice 10.07.2025 issued by the 6*^ Respondent. bearing No. R.C. No.01/2025 Dated 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 Impugned Notice dated; 10.07.2025 issued by the Respondent no.6, evicting the Petitioner from the premises of Ghouse Hotel and Family Restaurant, Ongole, Prakasam district pending disposal of the Writ Petition. lA NO: 2 OF 2025 Between: The Ongole Cooperative Central Stores Limited, Rep. by its Assistant Registrar/Managing Director Ongole, Prakasam District, A.P. ...PETITIONER/RESPONDENT No.6 AND 1. Mohammad Showkath Ali, S/o Ghouse Saheb, Aged about 51 years, R/o 47-1-40, Rangu Thota, Ongole, Prakasam District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Co- Operative Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P 4. The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. 5. The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh. 6. The District Cooperation Officer, Ongole, Prakasam District, Andhra Pradesh. 7. The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh. 8. The Deputy Superintendent of Police, Ongole Town, Prakasam District, Andhra Pradesh. 9. The Station House Officer, Ongole Town, Prakasam District, Andhra Pradesh ...RESPONDENTS 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 vacate the interim order dated 11.07.2025 granted in the present I.A.No.1 of 2025 in W.P. No.17649 of 2025, in the interest of justice. Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondent Nos.1,3,5:GP FOR COOPERATION Counsel for the Respondent Nos.2,8 & 9: GP FOR HOME Counsel for the Respondent No.4;GP FOR REVENUE Counsel for the Respondent No.6;SRI V. V. N. NARASIMHAM Counsel for the Respondent No.7:— The Court made the following order: 1^^ i APHC010351582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION N0.17649 OF 2025 Between: 1. MOHAMMAD SHOWKATH All, S/o Ghouse Saheb, Aged about 51 years, R/o 47-1-40, Rangu Thota, Ongole, Prakasam District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Co- Secretariat Buildings, Velagapudi, Operative Department, Amaravathi, Guntur District. 2. the State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat buildings, Velagapudi, Home Department Amaravathi, Guntur District, A.P 3. The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. 4. The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh. 5. The District Cooperation Officer, Ongole, Prakasam District, Andhra Pradesh. 6. The Ongole Cooperative Central Stores Limited, Rep. by its Assistant Registrar/Managing Director Ongole, Prakasam District Andhra Pradesh. 7. The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh. 8. The Deputy Superintendent of police, Ongole Town, Prakasam District, Andhra Pradesh. 9. The Station House Officer, Ongole Town, Prakasam District, Andhra Pradesh ...Respondents SRK, J W.P.No. 17649 of 2025 2 f Petition under Article 226 that in the circumstances of the Constitution of India praying stated in the affidavit filed therewith to issue an the High Court may be pleased direction appropriate writ, order or more declaring the i particularly one in nature of Writ of Mandamus 10 07 2025 is r"'’ Dated ' 10.07.2025 ,ssued by the 6th Respondent during the subsistence oflease period as being i,legal, unconstitutional and violative of he principles of natural justice and consequently direct the Impugned notice bearing No. R.c. issued by the 6th Respondent. respondents to set aside the f No. 01/2025 Dated 10.07.2025 i Counsel for the Petitioner- Counsel for the Respondents: GP FOR HOMF AYESHA AZMA S SRK, J W.P.No.l7649 of2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the impugned notice bearing RC No.01/2025, dated 10.07.2025, issued by 6*^^ respondent, during subsistence of lease period, directing the Writ Petitioner to vacate the premises within three days, as illegal, unconstitutional and violative of the principles of natural justice. Writ Petitioner is the sole proprietor of Ghouse Hotel and 2. Family Restaurant, a duly licensed food establishment, operating in the premises belonging to 6*^ respondent - the Ongole Co- On 02.04.2024, a formal operative Central Stores Limited. “Permission Document” (license/agreement) was entered into between the petitioner and 6'^ respondent, allowing the petitioner to operate Ghouse Hotel and Family Restaurant within the respondent for a period of three years from premises of 6 20.03.2024 to 20.03.2027, on a monthly license fee of Rs.60,000/- and a security deposit of Rs.1,00,000/- was also paid by the petitioner. Pursuant to the said permission, petitioner invested significant capital, time and effort for setting up and operating the Hotel and Restaurant. While so, 6''^ respondent, without issuing any prior notice or affording any opportunity of hearing to the petitioner, issued the impugned notice dated 10.07.2025, directing the petitioner to vacate the premises within a period of three days from the date of receipt of notice. Questioning the same, the petitioner filed the present Writ Petition. SRK, J W.P.No. 17649 of 2025 4 3. This Court, on 11.07.2025, while ordering notice respondent, directed the parties to maintain th to 6 status-quo and the is being extended from time to time. same 4. Learned counsel for the petitioner submits that the back of the Writ or affording any principles of impugned notice has been issued behind the Petitioner without issuing any prior notice opportunity of hearing to him, thereby violating the natural justice. 5. Sri V. Venugopala Rao, learned Senior Counsel on behalf of Sri WN Narasimham, respondent, fairly submitted that the appearing learned counsel for respondents will follow due process of law for eviction of the petitioner from the subject premises. 6. Heard. Perused the record. 7. A perusal of the impugned notice goes to show that neither in the references nor in the body of the impugned notice, there is any mention of issuing any notice to the Writ Petitioner by the It appears that the impugned notice has been issued abruptly directing the Writ Petitioner to vacate the subject premises within three days without respondents. any prior notice. Admittedly, not adhered to the principles of the official respondents have natural justice while i Writ Petitioner to vacate the subject issuing the impugned notice directing the premises. SRK, J W.P.No.l7649of2025 5 t r In view of the aforesaid facts and circumstances, the 8. impugned notice dated 10.07.2025 is hereby set aside. However, the respondents are directed to follow due process of law for eviction of the Writ Petitioner, in case the subject premises is Till such time, status quo with regard to required to them, possession shall be maintained by the parties. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 9. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. Sd/- K XATA RAO EGiSTRAR DEP //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Co-Operative Department, State of Andhra Guntur 1. Buildings, Velagapudi, Amaravathi, Secretariat Pradesh, District. Department. State of Andhra Pradesh, 2. The Principal Secretary, Home Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P and Register of Cooperative 3. The Commissioner for Cooperation Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. 4. The Collector Andhra Pradesh. 5. The District Cooperation Officer Pradesh. 6. The Assistant Registrar/Managing Central Stores Limited, Ongole, Prakasam Prakasam District, and District Magistrate, Ongole Ongole, Prakasam District, Andhra Director, Ongole Cooperative District Andhra Pradesh. Central Stores Limited, 7. The Chairman, The Ongole Cooperative Ongole, Prakasam District Andhra Pradesh. 8. The Deputy Superintendent District, Andhra Pradesh. 9. The Station House Officer, Ongole Town, Prakasam District, Andhra of Police, Ongole Town, Prakasam Pradesh 10. One CC to M/s. Ayesha Azma S, Advocate [OPUC] 11 One CC to Sri V. V. N. Narasimham, Advocate [OPUC] 12. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh [OUT] GP for Cooperation, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Revenue 14. Two CCs to 15. Two CD Copies. ssb HIGH COURT DATED:19/08/2025 ORDER WP No. 17649 OF 2025 M “ “i SEP 2025 )S .^V /Oa NXjjfre^ntSectiottXi5 DISPOSING OF THE W.P. WITHOUT COSTS