APHC010404022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . (Special Original Jurisdiction) f THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20836 OF 2025 Between: Shaik Hasan Vali @ Hasen Vali @ Hussain Subhani, Aged about 42 Vali, S/o Shaik Mahaboob years, Occ Running Bismillah Kichidi shop, R/o 31- 667, Ankalammapeta, Near Ankalamma Temple, Vinukonda, Palnadu District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department Velagapudi, Guntur District. 2. The Commissioner and Director of Municipal Administration Pradesh, Tadepalli, Guntur District. 3. The Vinukonda Municipality, Rep. By its Commissioner, Vinukonda, Palnadudistrict. A.P Secretariat buildings. Andhra ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ or direction may be more particularly one in the nature of Writ 3rd respondent and its staff in interfering with the possession and taking steps to demolish the shop of the petitioner with asbestos sheet roof i.e. Kichidi Point (earlier Bismilla Kichidi of Mandamus declaring the action of the Center) in Sy.No. 367/D situated at Lawyers Street, 0pp. Subbarao Petrol Bunk, Vinukonda Town, Palnadu District without following due process of law despite the orders of this Hon'ble Court in W.P.No. 29644 of 2013 dated 10-12-2018 and W.P.No. 28269 of 2022 dated 06-09-2022 to follow due process of law before taking action against petitioner's shop as illegal, arbitrary, unconstitutional and direct the 3rd respondent and its staff to desist from interfering with possession or demolition of the shop of petitioner without following due process of law. 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 3rd respondent herein and its staff not to interfere with the possession of shop of the petitioner with asbestos sheet roof i.e. ‘Kichidi Point’ (earlier Bismilla Kichidi Centerjin Sy.No. 367/D situated at Lawyers Street, 0pp. Subbarao Petrol Bunk, Vinukonda Town, Palnadu District in any manner including trespass, dispossession from demolition. Counsel for the Petitioner: M/S. SASANKA BHUVANAGIRI Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following APHC010404022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20836/2025 Between; 1.SHAIK HASAN VALI @ HASEN VALI @ HUSSAIN VALI„ S/0 SHAIK MAHABOOB SUBHANI, AGED ABOUT 42 YEARS, OCC RUNNING BISMILLAH KICHIDI SHOP, R/0 31-667, ANKALAMMAPETA, NEAR ANKALAMMA TEMPLE, VINUKONDA, PALNADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS ADMINISTRATION PRINCIPAL SECRETARY, DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. MUNICIPAL 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3.THE VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU DISTRICT. ...RESPONDENT{S); Counsel for the Petitioner: 1 .SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2 The Court made the following: ORDER:- The learned counsel for the petitioner submits that this is the third round of litigation, aggrieved by the action of the 3'^^ respondent in threatening to dispossess the petitioner from the property where the petitioner has been running a kichidi shop. It is submitted that similar attempts were made by the respondent authorities, and the petitioner had filed W.P. No. 29644 of 2013, which disposed of on 10.12.2018, duly recording the submissions of the then Standing Counsel for the 3'^^ respondent herein that any action initiated against the petitioner would be in accordance with due process of law. It is also submitted that the action of the 2'"'^ respondent an seeking to dispossess the petitioner was challenged in W.P. No. 28269 of 2022, and the said writ petition was disposed of on 06.09.2022. 2. was I s s.? p w !!;. :: ! This Court observed that the 3^^ respondent shall have to comply with the orders passed in W.P. No. 29644 of 2013. It is submitted that the 3'^^ respondent is now trying to dispossess the petitioner without issuing any notice. 3. The learned Standing Counsel appearing for the 3"^^ respondent submits that the petitioner has erected temporary tin sheds over the drainage nala, which is an illegal structure, and that the respondent authorities shall follow due process of law for evicting the petitioner. 4. 3 5. Recording the submissions, this writ petition is disposed off, directing the 3'^'^ respondent to follow due process of law before taking any steps against the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if an^^ shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR \j\^ //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary, Municipal Administration Secretariat buildings, Velagapudi, Guntur District. 2. The Commissioner and Director Pradesh, Tadepalli, Guntur District. 3, The district. 4. OneCCto M/s. Sasanka Bhuvanagiri Advocate [OPUC] 5. Two CCS to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Department, A.P of Municipal Administration Andhra Com.-Hissioner, Vinukonda Municipality Vinukonda, Palnadu TF HIGH COURT DATED:07/08/2025 ORDER WP NO. 20836 OF 2025 s( 2 3 SEP 2025 )g- rrtntSectio DISPOSING OF THE W.P., WITHOUT COSTS