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High Court of Andhra Pradesh · body

2025 DAILYLAW 33199 (AP)

M. Subramanyam , v. The Secretary to Govt.,

WP/37605/2013 · 2025-07-08

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010494672013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 37605/2013 Between: M. Subramanyam , and Others ...PETITIONER(S) AND The Secretary To Govt and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. SC MC RSEEMA SPSR NLR 2. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 37605/2013 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare action of the respondents 2 and 3 demanding the petitioners to evict the running business premises as illegal and ultravirous to the constitution without following due process of law and without following principles of natural justice in a highhanded and illegal manner by threat or otherwise which illegal and unconstitutional offending Article 14 &. 16 of the constitution of India and consequently direct the respondents No.2 and 3 not to evict the petitioners from the sheds premises of Melapuram Cross, Hindupur town, Anantapur district or cause any interference in their business activities in the above premises”. 2. The Petitioners claim that they are doing petty business in the small sheds in Melapuram Cross, Hindupur Town, Anantapur District for about 15 years. While so, the Respondents orally warned the Petitioners that they shall pay a sum of Rs.5,000/- or vacate the business premises within 24 hours, and in default, they should be vacated from the said premises. 3. The Petitioners contends that they have been in possession of the shops by raising sheds and filed tax receipts and electricity receipts in support of their long standing possession. 3 4. In the Counter Affidavit filed by the Respondent No.3, it is stated that after following due procedure, all the encroachers including the Petitioners had voluntarily removed the encroachments on 17.02.2015. 5. In that view, the cause in the Writ Petition does not survive for adjudication. 6. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 09-07-2025 eha 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No. 37605 of 2013 Dt.09-07-2025 eha U