5 APHC010387672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 846 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 23.07.2025 in WP No. 18382 of 2025 on the file of the High Court. Between: 1. Shaik Hussain, S/o. Galib Sahib, Muslim, Aged 75 years. Prop: Indian Shoe Mart, Door No.4/272-B, Near A.P.S.R.T.C Bus Stand, Gudivada- 521301, Krishna District 2. Shaik Mohammad Afzal, S/o. Shaik Hussain, Muslim, Aged 48 years C/o. Indian Shoe Mart, Door No. 4/272-B, Near A.P.S.R.T.C Bus Stand, Gudivada - 521301, Krishna District ...Appellants AND 1. The Gudivada Municipality, represented by its Commissioner, Gudivada 2. The Government of Andhra Pradesh, represented by its Secretary, Municipal Administration and Urban Development Velagapudi, Guntur District Secretariat, 3. Yelchuri Venkata Adiseshu Subba Rao, S/o. Venkateswara Rao, Business, Hindu, Aged 57 years, R/o. D.No. 8/274, Sriramapuram Gudivada, Krishna District ...Respondents lA NO: 2 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 grant stay on the operation of the orders passed in W.P.No. 18382 of 2025 dated 23.07.2025 till pending disposal of the Writ Appeal. Counsel for the Petitioners: SRI BALA KRISHNA SASTRY Counsel for the Respondent No.1: SMT. SIREESHA RANI VALLABHANENI, STANDING COUNSEL FOR MUNICIPALITIES Counsel for the Respondent No.2: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent No.3: SRI K NARSI REDDY The Court made the following order: APHC010387672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 846 of 2025 Shaik Hussain and Others ...Appellant(s) Vs. The Gudivada Municipality and Others ...Respondent(s) ********** Advocate for Appellants: Advocate(s) for Respondent(s): Mr. J. Bala Krishna Sastry Mrs. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities CORAM :THE CHIEF JUSTICEDHIRAJSINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 28**’ July 2025 PC : The appellants challenge the order passed by the learned single Judge, dated 23.07.2025. passed in W.P. No. 18382 of 2025. The appellants are the tenants of the premises which is sought to be declared as unsafe. 2. In the previous rounds of litigation, this Bench, by virtue of order, dated 27.06.2025, passed in W.A. No.727 of 2025, had upheld the earlier order passed by the learned single Judge in the earlier petition bearing W.P. No. 12863 of 2020 in directing the Municipality to assess the structural stability and soundness of the building in question in which the appellants claim to 2 HCJ a RC, J W.A. No: 846 of 2025 have occupied the premises as tenants. It appears that the building was assessed by Siddhartha Engineering College and a report, dated 24.06.2025, has been submitted, a copy of which has still not been furnished and the same is supplied to learned counsel for the appellants in the open Court. 3. It appears to us that by virtue of judgment and order, dated 21.03.2025, learned single Judge of this Court in W.P. No.12863 of 2020 had also permitted the petitioners to obtain structural soundness certificate from any authority nominated by respondent No.1 to establish their plea that the building was in sound condition. 4. Learned counsel for the appellants states that they had approached the Municipality to nominate another authority and to determine the stability of the building, but it had failed to comply with the directions so issued by the Court. 5. Since the controversy lies within a narrow compass, we allow the petitioners/appellants herein to approach Jawaharlal Nehru Technological University, Kakinada, for obtaining structural stability certificate. After obtaining the said certificate, a copy of the same shall be forwarded to the Commissioner, Gudivada Municipality. The appellants shall also be entitled to file objections regarding the report submitted by Siddhartha Engineering College. The judgment and order impugned, dated 23.07.2025, to the extent it provided only three days to the petitioner to file objections to the certificate of assessment./if shall stand set aside. The objections be filed within a period of 3 , HCJ a RC, J W.A. No: 846 of 2025 two weeks from today. The report shall be obtained from Jawaharlal Nehru Technological University, Kakinada, by the appellants positively within three weeks. Till such time as the same is submitted and the objections considered within two weeks thereafter, no adverse action be taken in regard to the property in question. are Till such time as the report is considered, the power supply shall be restored to the premises in question forthwith, and in any case, no later than two days from today. The writ appeal is, accordingly, disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To 1. The Commissioner, Gudivada Municipality, Gudivada. 2. The Secretary, Municipal Administration and Urban Development Dept., Secretariat, Velagapudi, Guntur District 3. One CC to Sri Bala Krishna Sastry Advocate [OPUC] 4. One CC to Smt. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities, Advocate [OPUC] 5. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] 6. One CC to Sri K Narsi Reddy Advocate [OPUC] 7. Two CD Copies TF HIGH COURT DATED:28/07/2025 ORDER WA NO. 846 OF 2025 0 ‘I AUG 2025 1 S- O'. Cc rrentSectio DISPOSING OF THE W.P., WITHOUT COSTS