APHC010394072015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25182/2015 Between: 1. M.ASHOK,, S/O. M. KISHAN, AGED ABOUT 37 YEARS, R/ O. 18/795, F-32, S-1, 80 FEET ROAD, GUNTAKAL, ANANTAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, ANDHRA PRADESH SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER, GUNTAKAL MUNICIPALITY, GUNTAKAL, ANANTAPURAMU DISTRICT. 3. S NOORULLA, S/ O. S. BASHEER, AGED ABOUT 35 YEARS, R/O. H.NO.7/31-28A, BHAGYANAGAR, GUNTAKAL, ANANTAPURAMU DISTRICT. ...RESPONDENT(S): 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 toto issue a Writ order or direction, 2 more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing Notice Roc.No.380/201/G1, dated: 16.02.2015 to vacate the shop in Gadilingappa Shoping Complex, Guntakal, Anantapuramu District which is in possession of the writ petitioner allotted on lease on payment of goodwill amount of Rs. 90,125/- by participating in auction is illegal, arbitrary and violation of principles of natural justice, and consequently set aside the notice and direct the 2nd respondent to evict the 3rd respondent from Shop No.14 of Gadilingappa Shoping Complex, Guntakal, Anantapuramu District and hand over the same to the writ petitioner IA NO: 1 OF 2015(WPMP 32697 OF 2015 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 suspend the operation of notice Roc.No.380/2001/G1, dated: 16.02.2015 of the 2nd respondent, by directing not to dispossess the writ petitioner from the shop in which the writ petitioner is in occupation in Gadilingappa Shoping Complex, Guntakal, Anantapuramu District, pending disposal of the above writ petition IA 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 Court may be pleased pleased to grant leave to the petitioner/2nd respondent in the WP.No. 25182 of 2015 to file the Counter in the Writ Petition and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3 2. MD SALEEM (SC MC RSEEMA SPSR NLR) 3. N RANGA REDDY (SC MC RSEEMA SPSR NLR) WRIT PETITION NO: 19532 OF 2015 Between: 1. P. Suraz Khan,, S/o. P. Moosa Kha, aged about 30 years r/O. House No. 7/119, Near S.J.P. High School Bhagyanagar, Gunthakallu Ananthapuram District 2. S. Noorulla, S/o. S. Basheer, aged about 35 years R/o. H No. 7/31-28A, Bhagyangar, Guntakal, Ananthapuram District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its PrI Secretary, Municipal Administration and urban Development Department Secretariat, Hyderabad 2. The Commissioner, Ananthapuram Municipal Corporation Ananthapuram 3. The Guntakal Municipality, Guntakal, Ananthapuram District Rep by its Commissioner ...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 toto issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in trying to dispossess 4 by forcibly evicting the petitioners from the shops No. 14 and 21 of Gadilingappa Shopping complex, Guntakal Town, Anantapuram District inspite of the petitioners have contributed their part of amount for the construction of the complex without making any enquiry as illegal, arbitrary and against the principles of natural justice and violation of principles of natural justice and consequently direct the respondents not to dispossess the petitioners from their respective shops No. 14 and 21 of Gadilingappa Shopping complex, Guntakal Town, Anantapuram District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice IA NO: 1 OF 2015(WPMP 25225 OF 2015 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 respondents not to dispossess the petitioners from their respective shops No. 14 and 21 of Gadilingappa Shopping complex, Guntakal Town, Anantapuram District without following due process of law, pending disposal of the main writ petition, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of juttice. IA NO: 2 OF 2015(WPMP 33768 OF 2015 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 permit the petitioner herein to implead the proposed respondent No.4 in the main Writ 5 Petition No. 19532 of 2015 as well as in WPMP No. 25225 of 2015 and pass IA NO: 5 OF 2015(WVMP 144347 OF 2015 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 IA 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 Court may be pleased pleased to grant leave to the 3rd respondent in the WP No. 19532 of 2015 to file the counter affidavit in the above writ petition and pass The Court made the following: 6 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.25182 and 19532 of 2015 COMMON ORDER: The present writ petitions are filed questioning the action of the Respondents in trying to dispossess the Petitioners by forcibly evicting them from Shop Nos.14 and 21 of Gadilingappa Shopping Complex, Guntakal Town, Anantapuram District. 2. The facts leading to the filing of the writ petitions are as under: 3. The Petitioners are doing the business of gold smith work at Guntakal and are all members of Swarnakarula Sangham along with 56 others. A Shopping Complex by name ‘Gadilingappa Shopping Complex’ was constructed after collecting contributions from the members of the Swarnakarula Sangham. It is stated that only 54 shops were constructed instead of 56 shops as agreed earlier. Due to shortage of two rooms, there are two big shops bearing Nos.14 and 21 and the said shops would be made into four shops to allot the same to the Petitioners under adjustment. 7 4. According to the Petitioners in W.P.No.19532 of 2015, they were allotted half portion of the shop in 14 and 21. It is also stated that prior to allotment the partition was done by the respondent-Municipality and after partition, the Petitioners were provided with electricity and water connection. While so, on 16.02.2015 issued notices to the Petitioners stating that they are in unauthorized occupation of Shop Nos.14 and 21. Questioning the same, the present writ petitions were filed stating that the impugned notice was issued without verifying the allotment. 5. Counter affidavit was filed by Respondent-Municipality denying that the shops were constructed after receiving the amounts from the Petitioners. It is stated that the Petitioners had trespassed into the premises and had unauthorizedly set up shop and therefore, the impugned notice cannot be faulted. 6. The Petitioner in W.P.No.25182 of 2015 and Respondent No.4 in W.P.No.19532 of 2015 filed counter contending that Shop No.14 was allotted to him after participating in the auction by Respondent No.3 vide Roc.No.4104/2001/A1, dated 18.01.2014. 7. Learned standing counsel placed on record the written instructions submitted by the Commissioner, Guntakal 8 Municipality. As per the written instructions, the Petitioner in W.P.No.25182 of 2015 was allotted Shop No.14 pursuant to open auction, but the Petitioner in W.P.No.19532 of 2015 had encroached additional space near stair case room duly fixing rolling shutters and grills adjacent to Shop No.14 unauthorizedly and notice was issued to vacate the additionally occupied space of the Petitioner. 8. Considering the fact that Shop No.14 was allotted in favour of the Petitioner in W.P.No.25182 of 2015 pursuant to open auction and in the absence of any document establishing allotment in favour of Petitioners in WP.No.19532 of 2015, this Court does not find any merit in W.P.No.19532 of 2015. 9. Accordingly, W.P.No.21582 of 2015 is allowed and W.P.No.19532 of 2015 is dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.07.2025 KLP