y APHC010362512019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■: ,!. -y-, A-r r} Ati-. MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE .f xs,-. -fi ■ '':A' '-''AY' PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17248 OF 2019 Between: 1. S.Kurshid Bee ( Died) as per L.R P2, W/o.Late Masthan All, aged R/o.D.No.17-41, Muslim, Occ: Business about 60 years, Maremmagudi Street, Paiamaner Mandal And Town, Chittoor District. 2. Sayad Chandini, W/o. S.Irshad, Aged about 47 years, R/o. D.No.11- 414-B-2,Maseed Street, Paiamaner, Chittoor District. (Petitioner No.2 is brought on record as L.R of the deceased sole writ petitioner as per the Court's Order dt.17.07.2025 in I.A.No. 01 of 2023) ...Petitioners AND 1. The State of Andhra Pradesh, Through Principal Secretary Department of Municipal Administration and Urban Development Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Paiamaner Municipality, Rep.by its Commissioner Paiamaner, Chittoor District. 3. Roshan Ali @ Raja, S/o.Abdul Rahim Saheb, aged about 43 years, R/o.D.No. 17-40(1), Maremmagudi Street, New Pet, Paiamaner Post and Mandal, Chittoor 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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the impugned auction of the 2 respondent in allotting the Shop No.2 situated at Gangammagudi Street, Opp- SBI in Palamaneru Village and Mandal, Chittoor District pursuant to the notification dated 27-08-2019 without considering the representation of the petitioner dated 22-08-2019, 21-09-2019 and 25-09-2019 depriving the petitioner to continue the business in the name and style of Shama Cool Drinks as illegal, arbitrary and violation of Article 300-A and Article 14 of the Constitution of India and consequently direct the respondents 1 and 2 to consider the petitioner's representation mentioned to allow the petitioner to continue the business on the same terms and conditions of enhancement of lease fee as was agreed to eke-out the livelihood. nd lA NO: 1 OF 2019. nd lA NO: 1 OF 2019. 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 1 and 2 to consider the representations of the petitioner dated 22-08-2019, 21-09-2019 and 25-09-2019 to continue the business in the name and style of Shama Cool Drinks situated at Shop No.2 situated at Gangammagudi Street, Opp-SBI in Palamaneru Village and Mandal, Chittoor District on enhanced rate of lease rent pending disposal of the above writ petition in this Hon'ble Court. Counsel for the Petitioners: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.1 ; GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent No.3 : NONE APPEARED The Court made the following order: ^PHC010362512019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17248/2019 Between: ^.S.KURSHID bee ( DIED) AS PER L.R P2, W/O.LATE MASTHAN ALI, ■ aged ABOUT 60 YEARS, MUSLIM, OCC-BUSINESS, R/0.D.N0.17- 41, MAREMMAGUDI STREET, PALAMANER MANDAL AND TOWN, CHITTOOR DISTRICT. 2.SAYAD CHANDINI, W/0 S.IRSHAD, AGED ABOUT 47 YEARS, R/0 D.N0.11-414-B-2,MASEED STREET, PALAMANER, CHITTOOR district. PETITIONER N0.2 IS BROUGHT ON RECORD AS L.R OF THE DECEASED SOLE WRIT PETITIONER AS PER THE COURT'S ORDER DT.17.07.2025 IN I.A.NO. 01 OF 2023. ii ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, THROUGH PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION and urban development secretariat, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE PALAMANER MUNICIPALITY, REP.BY ITS COMMISSIONER PALAMANER, CHITTOOR DISTRICT. 3.ROSHAN ALI RAJA, S/O.ABDUL RAHIM SAHEB, AGED ABOUT 43 YEARS, R/O.D.NO.17-40(1), MAREMMAGUDI STREET, NEW PET, PALAMANER POST AND MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): HNJ , W.P.No.l7248_2029 * 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 topleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the impugned auction of the 2nd respondent in allotting the Shop No.2 situated at Gangammagudi Street, Opp-SBI in Palamaneru Village and Mandal, Chittoor District pursuant to the notification dated 27-08-2019 without considering the representation of the petitioner dated 22-08-2019, 21-09-2019 and 25-09-2019 depriving the petitioner to continue the business in the name and style of Shama Cool Drinks as illegal, arbitrary and violation of Article 300-A and Article 14 of the Constitution of India and consequently direct the respondents 1 consider the petitioner's representation mentioned to allow the petitioner to continue the business on the same terms and conditions-of enhancement of lease fee as was agreed to eke-out the livelihood lA NO: 1 OF 2019 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 pleased to direct the respondents 1 and 2 to consider the representations of the petitioner dated 22-08-2019, 21-09-2019 and 25-09-2019 to continue the business in the name and style of Shama Cool Drinks situated at Shop No.2 situated at Gangammagudi Street,, Opp-SBI in Palamaneru Village and Mandal, Chittoor District on enhanced rate of lease rent pending disposal of the above writ petition in this Hon'ble Court lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Co.urt may be pleased pleased to bring the proposed petitioner namely Sayad Chandini on record as legal representative of the deceased petitioner S.Kurshid W.P.No. 17248 of 2019 which is pending before this Hon'ble Court and to Counsel for the Petitioner(S): 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV and 2 to Bee in pass 3 HN, J W.P.No.17248 2029 This Court made the following Order:- // / The petitioner is the legal heir of the original lessee holder of Shop No.2 in the 2^^ respondent complex under the control of the 2"^^ respondent. Upon the demise of the original lessee, the mother of the petitioner was brought on record, and she submitted a representation dated 21.09.2019 through her advocate, requesting the transfer of the lease in her favor. 1. / pending the writ petition, the mother of the petitioner also passed away. 2. and the petitioner was brought on record as her legal representative. It is submitted that the 3'^'^ respondent, subsequent to the demise of the original lessee (the petitioner’s father), neither took possession of the premises nor paid any lease rent. As such, the shop is stated to be vacant as .date. The petitioner has submitted a fresh representation to the 2 3. nd on respondent, seeking allotment of Shop No.2 on the usual terms and conditions respondent. nd imposed by the 2 representation be duly considered. The petitioner prays that the said The learned Standing counsel appearing for the 2^^ respondent submits that the petitioner’s father had been running a cool drink shop in the premises for over 21 years as of 29.09.2019 and that the lease had been extended from time to time. Upon his demise, the 2'^'^ respondent conducted a public auction, in which the 3^'^ respondent emerged as the successful bidder, and a lease agreement was executed in favor of the 3^^^ respondent. However, the 3 4. rd HN, J W.P.No.l7248_2029 possession of the premises or to pay the lease rentals. Consequently, the shop remains vacant as on date. 5. In this regard, the petitioner seeks the indulgence a representation to the 2"“ respondent seeking the on the usual terms and conditions, svailable for lease. respondent failed to take of this Court to submit grant of lease of shop No.2 subject to the shop being vacate and 6. Recording the above submissions, the liberty to the petitioner to submit writ petition is disposed off with a respondent s complex. Upon receipt respondent is directed to consider the usual terms and conditions, subject to the shop being lease to any party. a fresh representation to the 2"'^ seeking allotment of shop No.2 in the 2"^ respondent of such representation, the 2"^^ same on vacate and available for 7. The said exercise shall be completed within from the date of receipt of the be no order as to costs. a period of eight (08) weeks representation from the petitioner. There shall As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// ASSISTANT registrar To. s 'OFFICER "rar,5Sr' r™—"" - Amaravathi, Guntur District Prat<esh, Secretariat, Velagapudi ■ Municipality, Paiamaner, 5. Two CCs to^GP for Mun^ctoa'^l [OPUC] of Andhra Pradesh [OUT] Development, High Court 6. One CC to Sri G. Lakshmi 7. Two CD Copies Chittoor Narayana, SC for Municipality (OPUC) Cnr <♦ HIGH COURT DATED:28/07/2025 \ ORDER WP NO. 17248 OF 2019 2^ I nAuem Curreni Secuon W DISPOSING OF THE W.P. WITHOUT COSTS