8 \ APHC010376132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE TWENTY EIGHTH DAY OF JULY^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18987 OF 2025 / Between: Butcha Srinu, S/o. Butcha Ramu Reddy, Aged about 43 years, Occ.Business, R/o.D.No. 26-5-226, Panda Street, Prasad Gardens, Vishakhapatnam urban, Vishakhapatnam District. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Urban Development Department, 1. Municipal Administration and Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The Greater Vishakhapatnam Municipal Corporation, Represented by its Commissioner, Vishakhapatnam, Vishakhapatnam District. 2. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fHed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF CBRTORARIAcalling for the records pertaining to the endorsement issued by the Respondent No.2 vide Rc.No.712/2025/AI/Zone-IV (Suryabagh), dated. 28.06.2025 in directing the Petitioner to produce bank guarantee worth of Rs.54,90,922/- for the balance amount of Rs.32,31,483/- 0 which was collected out of Rs.81,10,000/- without handing over the lease hold premises to the Petitioner as noting but illegal, arbitrary, erroneous, highhanded, violative 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.54,90,922/- in proportionate to the lease period by which time lease hold premises will be handed over to the petitioner by the Respondent No.2. 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 direct the Respondent No. 2 to forthwith handover the Please hold premises to the petitioner pursuant to the impugned endorsement issued by the Respondent No.2 vide Rc.No.712/2025/AI/Zone-IV(Suiyabagh), dated:28.06.2025 in collection of aseel taxes of SVP (Poorna Market) 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: APHC010376132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18987/2025 Between: 1.BUTCHA SRINU, S/0. BUTCHA RAMU REDDY, AGED ABOUT 43 YEARS, OCC.BUSINESS PRASAD GARDENS, VISHAKHAPATNAM DISTRICT. R/O.D.NO. 26-5-226, PANDA STREET VISHAKHAPATNAM URBAN, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, BUILDINGS, A.P. SECRETARIAT, GUNTUR DISTRICT. SECRETARIAT VELAGAPUDI, AMARAVATI, 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 MUNCIPAL ADMN AND URBAN DEV AP 2 The Court made the following: 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. 54,90,922/- 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. 24 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 2^^ 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. 3. 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 The ^earned 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. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2^^ respondent. 5. 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 6. 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. Sd/- B PRASADA RAO ASSISTANT REGISTRAR / //TRUE COPY// ^CTI^OFFiCER To, 1. The Principal Secretary, Municipal Development Department, State of Administration and Urban Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Greater Vishakhapatnam Vishakhapatnam, Vishakhapatnam District. Municipal Corporation, 3. One CC to Sri M. Ravindra, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for GVMC[OPUC] 5. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 6. Two CD Copies. and Urban Development, ssb HIGH COURT DATED:28/07/2025 ORDER WP No.18987 OF 2025 ^1 8 AUG 2025 I SwtioQxV <3.\ DISPOSING OF THE W.P. WITHOUT COSTS