APHC010421582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21475/2025 Between: 1. SYED NAGUR SHARIEF,, S/O JAINULLA, AGED 24 YEARS, R/O DR.NO.1-3-121, 1ST LINE, GUJJANAGUNDIA, GUNTUR, GUNTUR DISTRICT, 2. SHAIK BASHEED,, S/O CHAND MANI, AGED 59 YEARS, R/O DR.NO.18-37, NAMBURU VILLAGE, GUNTUR DISTRICT, 3. PRATHIPADU RAMESH BABU,, S/O P.MARIYADASU, AGED 49 YEARS, R/O NEAR RTO OFFICE, ADAVITAKKELAPADU, . GUNTUR, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY SECRETARIAT BUILDINGS, AMARAVATI, ANDHRA PRADESH. 2. THE GUNTUR MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, GUNTUR, GUNTUR 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 topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus directing Respondent Nos.2 in not to -2- WP No.21475 OF 2025 DATE OF ORDER: 12.08.2025 interfere with the peaceful possession of the petitioner Nos.1 to 3 properties situated in an extent of 200 Sq.Feet in Sy.No.221-6A3C1 of RTO office road, Swarnabharathinagar, Guntur, Guntur District, Andhra Pradesh IA 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 pleased to pass an Interim order directing Respondent No.2 in not to interfere with the peaceful possession of the petitioner Nos.1 to 3 properties situated in an extent of 200 Sq.Feet in Sy.No.221-6A3C1 of RTO office road, Swarnabharathinagar, Guntur, Guntur District, Andhra Pradesh Counsel for the Petitioner(S): 1. G SRI HARSHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: -3- WP No.21475 OF 2025 DATE OF ORDER: 12.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21475 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned standing counsel for the 2nd respondent. 2. The learned counsel for the petitioners submits that the petitioners are aggrieved by the action of the respondents in dispossessing the petitioners from their respective shops. It is further submitted that the petitioners are engaged in petty business from the said shops, which are situated abutting the public road. The 2nd respondent authorities have directed the petitioners to vacate the said premises and, in furtherance thereof, have proceeded to demolish the road situated in front of the shops. 3. It is further submitted that no prior notice was issued to the petitioners before the 2nd respondent authority undertook the demolition of the road abutting their shops. 4. The learned Standing Counsel appearing for the 2nd respondent, on instructions, submits that the petitioners have encroached upon the drain and made certain constructions, which were removed, and that the other projections abutting the main road have been demolished. It is further submitted that the petitioners were directed to vacate the premises, as their business activities and the projections onto the main -4- WP No.21475 OF 2025 DATE OF ORDER: 12.08.2025 road are causing hindrance to the movement of the public and impeding the flow of storm water. 5. Considering the submissions made by the learned counsel for the petitioners and the learned Standing Counsel for the 2nd respondent, there shall be a direction to the 2nd respondent to follow the due process of law in the event they intend to dispossess the petitioners from the shop premises. It is also made clear that the petitioner shall not cause any inconvenience to the general public and road users and not to encroach on the public road. 6. With the above, the writ petition is disposed of. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV