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2025 DAILYLAW 30655 (AP)

Pallam Chandraiah v. The State of Andhra Pradesh

WP/22548/2025 · 2025-08-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010443272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22548/2025 Between: 1. PALLAM CHANDRAIAH, S/O CHENNAIAH, AGED ABOUT 54 YEARS, OCC- BUSINESS, RESIDENT OF D.NO.93/139-488, PLOT NO. 162, INDIRA NAGAR, C.K.DINNE MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MAUD), VELAGAPUDI, AMARAVATHI. 2. THE KADAPA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, YSR KADAPA DISTRICT. 3. THE TAHSILDAR, C.K.DINNE MANDAL, YSR KADAPA 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2ndrespondent in issuing the endorsement dated 11-08-2025 (served on 14-08-2025) directing the petitioner to remove the Kirana -eum- Tea Stall bearing TIN No.TL/04938/2016 (Old TIN No. 16/33), situated in First Street Circle, Indira Nagar, Mamillapalli village, Kadapa Town and Mandal, YSR Kadapa District within 7 days is illegal, arbitrary and unconstitutional and also violation of the 2 orders passed in W.P.No. 12925 of 2025, dated 08-05-2025 and l.A.No.l of 2025 in W.P.No.9997 of 2025, dated 07-05-2025, set aside the same and consequently direct the 2nd respondent not to demolish the petitioners Kirana -cum- Tea Stall bearing TIN No.TL/04938/2016 (Old TIN No. 16/33), situated in First Street Circle, Indira Nagar, Mamillapalli village, Kadapa Town and Mandal, YSR Kadapa and pass 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 direct the 2nd respondent not to demolish the petitioner’s Shop bearing Shop TIN No.TL/04938/2016 (Old TIN No. 16/33), situated in First Street Circle, Indira Nagar, MamillapaUi village, Kadapa Town and Mandal, YSR Kadapa District by suspending the operation of the Endorsement Roc.No.9997/2025/Gl, dated 11-08-2025, pending disposal of the Writ petition before this Honourable court, Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22548 of 2025 ORDER: 1. The learned counsel appearing for the petitioner submits that vide proceedings dated 11.08.2025, the petitioner was informed that he would be required to temporarily relocate his shop to a commercial area adjacent to the commercial plots and abutting the highway. 2. It is submitted that the petitioner is willing to comply with the said direction and relocate. However, the impugned proceedings do not delineate with specificity the exact location where the petitioner may set up his tin-shed shop. It is further submitted that the petitioner’s efforts to relocate his shop have met with resistance from neighboring business owners in the vicinity. 3. The learned Standing counsel appearing for the 2nd respondent submits that the proposed relocation is only a temporary arrangement, and that the petitioner is bound to comply with the directions issued under the endorsement dated 11.08.2025. 4. This Court has perused the endorsement dated 11.08.2025. It appears that the efforts undertaken by the 2nd respondent to facilitate the relocation of the petitioner were made in pursuance of earlier directions issued by this Court. However, this Court is of the view that a detailed endorsement/proceedings must be issued, clearly indicating the precise site 4 where the petitioner may be permitted to temporarily erect his shop, without interference or obstruction from any third party. 5. Accordingly, this Court is of the considered opinion that the 2nd respondent shall deploy an appropriate official to demarcate and earmark the specific area where the petitioner may temporarily carry on his business operations. It is further directed that until compliance with the above directions is ensured, the petitioner shall not be disturbed from his existing place of business. 6. With the above observations, the writ petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.08.2025 NKA 5 38 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22548 of 2025 Date: 22.08.2025 NKA