APHC010376162025 IN THE HIGH COURT OF ANDHRA PRADESH - AT AMARAVATI (Special Original Jurisdiction) 0ji?0 0SS5 MONDAY,THE TWENTY EIGHTH DAY OF JULY v TWO THOUSAND AND TWENTY FIVE ' ' PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18986 OF 2025 Between: Sunkari Vijaya Kumar, S/o. Appala Suri, Aged about 27 years, Occ; Business, R/o.D.No.4-25/1, Main Street, Banam, Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Greater Vishakhapatnam Municipal Corporation, Represented by Its Commissioner, Vishakhapatnam, Vishakhapatnam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the the High Court may be one in the Writ of issued by the (Suryabagh), dated guarantee worth of circumstances stated in the affidavit filed therewith, pleased to issue a writ or order or direction more particularly Certiorari calling for the records pertaining to the endorsement Respondent No.2 vide Rc.No.713/2025/AI/Zone-IV 28.06.2025 in directing the petitioner to produce bank Rs. 12,48,000/- for the balance amount of Rs.7,72,750/- which was collected out of Rs. 19,50,000/- without handing over the lease hole premises to the Petitioner as noting but illegal Article 14.19(1)(g) and 21 of The Constitution of India and consequently direct the Respondent No.2 to deduct the bank guarantee amount of Rs. 12,48. 000/- ir> proportionate to the lease period by which time lease hold handed over to the petitioner by the Respondent No.2. . IANOMOF 2025 , arbitrary, erroneous, highhanded, violative W i premises will be Petition under Section 151 CPC in the affidavit filed in support of the praying that in the circumstances stated petition, the High Court may be pleased to direct the Respondent No. 2 to forthwith handover the to the petitioner lease hold premises pursuant to the impugned endorsement issued by the Rc.No.713/2025/A1 /Zone-IV (Suryabagh),videNo.2 Respondent dated; ' 28.06.2b25 in collection of aseel taxes of Ramakrishna Rytu Bazaar, Zone-IV of Respondent No.2 basing on the auction conducted on 29.03.2025 to the petitioner, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI M. RAVINDRA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR GVMC The Court made the following order: APHC010376162025 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: 18986/2025 Between; 1.SUNKARI VIJAYA KUMAR, S/0. APPALA SURI, AGED ABOUT 27 YEARS, OCC BUSINESS, R/O.D.NO.4-25/1, MAIN STREET, BANAM, SRIKAKULAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT 2.THE GREATER VISHAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VISHAKHAPATNAM, VISHAKHAPATNAM DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner: 1.M RAVINDRA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER:- The petitioner is aggrieved by the proceedings dated 28.06.2025, whereby the petitioner is called upon to furnish the bank guarantee of Rs. 12,48,000/- towards the balance bid amount for execution of the lease deed in favour of the petitioner. The petitioner participated in the bid for collection of market fee from vendors/traders in pursuance of the notification issued by the 2^'^ respondent. The petitioner was a successful bidder and had deposited an amount of Rs. 6 lakhs from the EMD. 2. The learned counsel for the petitioner submits that, though the petitioner had deposited the EMD on 19.03.2025, the respondent has so far not executed any lease deed permitting or authorizing the petitioner to collect the said taxes. It is submitted that the officers of the 2^'^ respondent are still collecting taxes, even though the lease period is from 01.04.2025 to 31.03.2026. It is also submitted that more than four months have passed, and the petitioner is unable to collect any amount due to the non-execution of the lease deed by the 2^^ respondent. On the contrary, the impugned notice dated 28.06.2025, calling upon the petitioner to furnish a bank guarantee towards the balance bid amount, is highly improper in the absence of any readiness on the part of the /' 2^^ respondent to execute the lease deed. 3. 3 4. The learned counsel for the petitioner further submits that the petitioner is willing to submit a bank guarantee as called upon, subject to the 2 respondent executing the required lease deed as per the bid notification. 5. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2^^^ respondent. 6. Accordingly, this writ petition is disposed off with a direction to the 2"'' respondent to execute the lease deed, subject to the petitioner submitting the bank guarantee as called upon. At any rate, the entire exercise shall be completed within a period of two (02) weeks from the date of submission of the bank guarantee. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ASSISTANT REGISTRA.R //TRUE COPY// S ON OFRCER To, 1. The Principal Secretary, Municipal Development Department, State of Andhra Buildings, A.P. Secretariat, Velagapudi, Amaravati, 2. The Commissioner, Greater Vishakhapatnam Municipal Vishakhapatnam, Vishakhapatnam District. 3. One CC to Sri M. Ravindra, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 5. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 6. Two CD Copies. Administration and Urban Pradesh, Secretariat Guntur District. Corporation, and Urban Development cch HIGH COURT DATED;28/07/2025 ORDER WP No.18986 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS