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2025 DAILYLAW 26629 (AP)

MARRIPUDI RAMESH v. THE JAGGAIAHPETA MUNICIPALITY

WP/18977/2025 · 2025-07-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010376262025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18977/2025 Between: 1. MARRIPUDI RAMESH, S/O VENKATESHWARA RAO AGED ABOUT 43 YEARS, OCC BUSINESS SHOP NO.27, SRR SS SUB MUNICIPAL SHOPPING COMPLEX JAGGAIAHPETA, NTR DISTRICT. 1. THE JAGGAIAHPETA MUNICIPALITY, JAGGAIAHPETA, NTR DISTRICT REPT. BY ITS COMMISSIONER 2. THE STATE OF ANDHRA PRADESH, R SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18977/2025 MARRIPUDI RAMESH, S/O VENKATESHWARA RAO AGED ABOUT 43 YEARS, OCC BUSINESS SHOP NO.27, SRR SS SUB MUNICIPAL SHOPPING COMPLEX JAGGAIAHPETA, NTR ...PETITIONER AND THE JAGGAIAHPETA MUNICIPALITY, JAGGAIAHPETA, NTR REPT. BY ITS COMMISSIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: P NAGENDRA REDDY Respondent(S): GP FOR MUNCIPAL ADMN URBAN DEV GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3457] MARRIPUDI RAMESH, S/O VENKATESHWARA RAO AGED ABOUT 43 YEARS, OCC BUSINESS SHOP NO.27, SRR SS SUB MUNICIPAL SHOPPING COMPLEX JAGGAIAHPETA, NTR ...PETITIONER THE JAGGAIAHPETA MUNICIPALITY, JAGGAIAHPETA, NTR EP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT ...RESPONDENT(S): 2 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the notice dated 20.06.2025, whereby the petitioner has been directed to vacate the premises within three (03) days from the date of receipt of the notice and has also been called upon to repay the outstanding amount of Rs. 41,293/-. 2. It is submitted that the petitioner, along with the original lessee, Sri K. Srinivasa Rao, was running a hair salon from Shop No. 27. After the demise of Sri K. Srinivasa Rao, the petitioner continued to run the shop. Subsequently, the wife of Sri K. Srinivasa Rao sought to have the tenancy rights of Shop No. 27 transferred to her name, which was duly approved by the 1st respondent. It is further submitted that, without issuing any prior notice calling upon the petitioner to vacate the premises, the 1st respondent proceeded to lock the shop without giving adequate time to the petitioner. 3. The learned Standing Counsel for the 1st respondent submits that the petitioner is a stranger to the lease and draws the attention of this Hon’ble Court to the notice dated 20.06.2025, which was issued to the original lessee. It is further submitted that the lease agreement of the 1st respondent does not permit sub-letting of the premises. The Standing Counsel also submits that the petitioner has filed O.S. No. 8 of 2023 on the file of the Additional Junior Civil Judge, Jaggaiahpet, seeking an injunction against the lessee. 3 4. It is submitted that the name of the petitioner is not recorded in the municipal records of the 1st respondent as a tenant or sub-lessee. Thus, it is submitted that the petitioner is in illegal occupation of the premises of the 1st respondent. 5. Be that as it may, considering the submissions of the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent that the petitioner is running a hair salon in the shop and that his movable articles and furniture are lying therein, adequate time would be required for shifting and handing over vacant possession to the 1st respondent. 6. On these considerations, the impugned notice shall stand suspended for a period of four (04) weeks. Meanwhile, it is made clear to the petitioner to make arrangements for shifting the movable articles and furniture from the said premises and to hand over vacant possession to the 1st respondent. 7. Accordingly, this Writ Petition is disposed off. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 23.07.2025 PNS