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2025 DAILYLAW 33472 (AP)

KOPPURAVURI V K KISHORE v. The State of Andhra Pradesh

WP/26074/2023 · 2025-08-31

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.26074_2023 APHC010502752023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26074/2023 Between: 1. KOPPURAVURI V K KISHORE, S/O LATE SATYANARYANA, HINDU, AGED ABOUT 40 YEARS, R/O KURICHEDU VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT (MA AND UD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU 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 tomay be pleased to issue a WRIT OF MANDAMUS or any other appropriate writ or order or other direction to DECLARE the the action of the 2nd Respondent in not considering my representation dated 19.09.2023 requesting for removal of unauthorized Hawker who is causing severe loss to my business as illegal, arbitrary, violation of principals of natural justice besides violation of Provisions of the A.P. Municipality Act and contrary to Article 14, 19(1)(g) and 300-A of Constitution of India and consequently command the 2nd respondent to remove the said unauthorised Hawkers and 2 HN, J W.P.No.26074_2023 allot them a particular place somewhere else for their business in the interest of justice and to pass such IA NO: 1 OF 2023 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 may be pleased to DIRECT the 2nd Respondent to not permit unauthorized persons to carryon business in front of property bearing D.No.3-183-195, opposite to Mundlamuri Bus Stand, Vinukonda Town in the interest of justice and pass such Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3 HN, J W.P.No.26074_2023 ORDER: 1. The petitioner is aggrieved by the inaction on the part of the respondent No.2 in addressing the issue of unauthorized street vendors who are occupying the access road leading to the petitioner’s business establishment. It is submitted that the petitioner has made a representation dated 19.07.2023, requesting 2nd respondent to take necessary action against the illegal occupation and obstruction caused by the said street vendors. It is further submitted that the petitioner has been regularly paying applicable municipal taxes; however, he is unable to conduct his business due to the obstruction created by the unauthorized encroachment of street vendors. 2. The learned Standing counsel appearing for the 2nd respondent submits that the representation dated 19.09.2023 is under active consideration and that necessary action will be taken in accordance with law, duly keeping in view the directions issued by the Division Bench of this Court in W.P.(PIL) No.81 of 2025. 3. In view of the above submissions, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:01.09.2025 NKA 4 HN, J W.P.No.26074_2023 83 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26074 of 2023 Date: 01.09.2025 NKA