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2025 DAILYLAW 36108 (AP)

Smt.Beesetti Saraswathi, W/o. Nookeswara Rao v. The Government of Andhra Pradesh

WP/38067/2013 · 2025-10-12

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010586672013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 38067/2013 Between: 1. SMT.BEESETTI SARASWATHI, W/O. NOOKESWARA RAO, HINDU, OCC: BUSINESS, R/O. D.NO.57-1-31/A, OPP: PARAMESWARI PICTURE PLACE, KANCHARAPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, HYDERABAD, REP. BY ITS SECRETARY. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ZONAL COMMISSIONERZONE IV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 4. WHOLE SALE VEGETABLE MERCHANT ASSOCIATION, (REGISTERED NO.260/95, WHOLE SALE VEGETABLE MARKET, ST. JOSEPH CONVENT JUNCTION, VISAKHAPATNAM. REP. BY ITS ECRETARY KV RAJU, S/O. LATE.K.JAGGA RAO, AGED ABOUT 51 YEARS, OCC: BUSINESS, R/O.D.NO.27-6-40/A, SPRING ROAD, VISAKHAPATNAM. ...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 2 pleased toto issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the attempted action of demolition of the AC Sheet Shed constructed by the petitioner in an extent of 33.56 sq. yards (8 x 40 ft) in Sy No.298/B, at Gnanapuram Whole ale Market, Ward No.44, Visakhapatnam on 23-12-2013 at about 2:00 p.m. by the respondents 2 and 3 along with their staff without issuing any notice and without following due process of law at the instance and influence of the 4th respondent while the period of lease being subsisting and threatening to demolish the same and disposes the petitioner from the said shop and site on 24-12-2013 or any other day at any cost as illegal, arbitrary, capricious and violative of the provisional allotment order dt: 21-2-2013 and violative of the principles of natural justice and consequently to direct the respondents 2 and 3 not to demolish the AC Sheet Shed referred to above and not to dispossess petitioner from the above mentioned Shed & site without following due process of law or to pass IA NO: 1 OF 2013(WPMP 47346 OF 2013 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 to direct the respondents 2 and 3 not to dispossess the petitioner by demolish the AC Sheet Shed constructed by her in an extent of 33.56 sq. yards (8 x 40 ft) in Sy No.298/B, at nanapuram Whole Sale Market, Ward No.44 Visakhapatnam pending disposal of the writ petition or to pass Counsel for the Petitioner: 1. N (P) ANJANA DEVI SATYANARAYANA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR MUNCIPAL ADMN AND URBAN DEV 3. O MANOHER REDDY The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the demolition of the AC sheet shed constructed by the petitioner, measuring 33.56 sq. yards (8 x 40 ft), in Sy. No.298/B, at Gnanapuram Wholesale Market, Ward No.44, Visakhapatnam, on 23-12-2013 at about 2:00 p.m., by the respondents 2 and 3 along with their staff, without issuing any notice and without following due process of law, at the instance and influence of the 4th respondent, while the period of lease being subsisting, and threatening to demolish the same and dispossess the petitioner from the said shop and site on 24-12-2013 or any other day at any cost. 2. Today, when the matter is taken up for hearing, the learned Standing Counsel for the Corporation submits that the grievance of the petitioner has been adequately addressed by the respondent authorities and has submitted written instructions dated 01.09.2025, categorically stating that the petitioner was allotted an alternate site besides Shop No.16 and that there has been no disturbance caused to the livelihood of the petitioner. 3. Recording the same, this writ petition is closed. There shall be no order as to costs. 4. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 13.10.2025 PNS