•I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23785 OF 2024 Between: P. Subhash yadav, S/o P. Nagaraju, Aged 28 years, R/o H.No.50/740-A- 115-4 p4, Gayathri Towers, Gayathri Estates, Kurnool, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary Agriculture and Cooperation Department AP Secretariat, Velagapudi, Amaravati, Guntur District. The District Cooperative Officer, Kurnool, Kurnool District. The Pasupula Primary Agricuitural Cooperative Society, Rep. by its Secretary, Sudireddypalli Village, Kurnool Mandal and District. The Senior Inspector / Government Person-in-charge Pasupula Primary Agricultural Cooperative Societ, Sudireddypalli Village, Kurnool Mandal and District. K. Adi Jagadeeshwar Reddy, S/o K. Pedda Balavenkata Reddy, Aged 41 years, R/o H.No,10-18, Peerusaheb Peta, Midthuru, Kurnool District. The Station House Officer, Kurnool Rural Police Station Kurnool District ...RESPONDENTS 1. 2. 3. 4. 5. 6. 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 to issue an appropriate .writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in trying to evict the petitioner from the shop bearing No.2-271F, GTR Road, Venkayapalli Pasupula Society Complex, Rudravaram Village in Kurnool Rural Mandal and District with the aid of the 6th respondent by issuing the impugned notice Dt. 18.10.2024 as illegal, arbitrary and violative of principles of natural justice and consequently set aside the same and further direct the respondents to follow due process of law in evicting the petitioner from the shop bearing No.2-271F, GTR Road, Venkayapalli Pasupula Society Complex, Rudravaram Village in Kurnool Rural Mandal and District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 3, 4 and 6 to not to evict the petitioner from shop bearing No.2-271F, GTR Road, Venkayapalli Pasupula Society Complex, Rudravaram Village in Kurnool Rural Mandal and District by suspending the notice Dt. 18.10.2024 issued by the 4th respondent, pending disposal of the writ petition. lA NO: 2 OF 2024 Between: The Pasupula Primary Agricuitural Cooperative Society, Rep. by its Secretary, Sudireddypalli Village, Kurnool Mandal and District. Petitioner/Respondent AND 1. P. Subhash Yadav, S/o P. Nagaraju, Aged 28 years, R/o H.No.50/740- A-115-4 p4, Gayathri Towers, Gayathri Estates, Kurnool, Kurnool District. Petitioner/Respondent 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Agriculture and Cooperation Department AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Cooperative Officer, Kurnool, Kurnool District. 4. The Senior Inspector / Government Person-in-charge Pasupula Primary Agricultural Cooperative Societ, Sudireddypalli Village, Kurnool Mandal and District. 5. K. Adi Jagadeeshwar Reddy, S/o K. Pedda Balavenkata Reddy, Aged 41 years, R/o H.No,10-18, Peerusaheb Peta, Midthuru, Kurnool District. 6. The Station House Officer, Kurnool Rural Police Station Kurnool District Respondents/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim order dated 19.10.2024 granted in the present I.A.No.1 of 2024 in W.P.No. 23785/2024, in the interest of justice and fair play. Counsel for the Petitioner:SRI YASWANTH GADE Counsel for the Respondents No.1,2: GP FOR COOPERATION Counsel for the Respondents No.3,4: M/s V HIMABINDU (SC FOR PASUPULA PRIMARY AGRICULTURE CO-OPERATIVE CREDIT SOCIETY LIMITED Counsel for the Respondent No.5:— Counsel for the Respondent No.6: GP FOR HOME The Court made the following: ORDER APHC010463772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23785/2024 Between: P Subhash Yadav ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.YASWANTH GADE Counsel for the Respondent(S): 1.V HIMABINDU 2.GP FOR HOME 3.GP FOR COOPERATION The Court made the following: 2 The Court made the following order:- The present writ petition is filed challenging the action of respondent No.4 in trying to evict the petitioner from the shop bearing No.2-271, F.GTR Road, Venkayapalli Pasupula Society Complex, Rudravaram Village, Kurnool Rural Mandal and District, with the aid of the respondent No.6 by issuing the impugned notice dated 18.10.2024 as illegal and arbitrary. Heard learned counsel for the petitioner and learned counsel for 2. the respondents. After going through the material on record and the vacate stay petition filed by the S’"'' and 4"^ respondents, this Court finds that the 4'*^ respondent entered into the lease agreement on 24.04.2023, with the 5*^ respondent, for shop No.4 and 5, and shop No.6 and 7 with the respondent’s wife. Subsequently, the 5'^ respondent has subleased shop No.6 which is allotted to wife of 5*^ respondent without the consent of the wife as per lease agreement dated 16.10.2024. 3. This Court on 19.10.2024, granted interim direction, directing the 4. respondents not to evict the petitioner. Be that as it may, after arguing for some time, learned counsel for the petitioner urged this Court a period of time be given to evict the shop and hand over the vacant possession to the respondents herein. 5. 3 Without going into merits of the case, and acceding to the 6. request made by the learned counsel for the petitioner, this Court is of the view to dispose of the present writ petition, directing the petitioner to vacate the subject property, within two (2) months from the date of receipt of the order, failing which the respondents are at liberty to take forceful possession with the help of police. With the above directions, the Writ Petition is disposed of. There 7. shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any. shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, The Principal Secretary, State of Andhra Pradesh, Agriculture and Cooperation Department AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Cooperative Officer, Kurnool, Kurnool District. 3. The Secretary, Pasupula Primary Agricultural Cooperative Society, Sudireddypalli Village, Kurnool Mandal and District. 4. The Senior Inspector / Government Person-in-charge Pasupula Primary Agricultural Cooperative Societ, Sudireddypalli Village, Kurnool Mandal and District. 1. 5. K. Adi Jagadeeshwar Reddy, S/o K. Pedda Balavenkata Reddy, Aged 41 years, R/o H.No,10-18, Peerusaheb Peta, Midthuru, Kurnool District. 6. The Station House Officer, Kurnool Rural Police Station Kurnool District 7. One CC to SRI. YASWANTH GADE, Advocate [OPUC] 8. Two CCs to GP FOR COOPERATION, High Court of Andhra Pradesh. [OUT] 9. OneCCto M/s. V. HIMABINDU, Advocate SC FOR PASUPULA PRIMARY AGRICULTURE CO-OPERATIVE CRREDIT SOCIETY LTD) [OPUC] 10. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT] 11.Three C.D.Copies nm t HIGH COURT DATED:06/01/2025 ORDER WP.No.23785 of 2024 2 7 IAN 2225 mi Co ^ . Curreni becxion DISPOSING OF THE WP WITHOUT COSTS