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2025 DAILYLAW 38941 (AP)

B.Srinivasa Rao, v. The Government of Andhra Pradesh,

WP/26808/2014 · 2025-07-03

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010791572014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26808/2014 Between: 1. B.SRINIVASA RAO,, S/O.VENKATESWARA RAO, AGED ABOUT49 YEARS, OCC: T.V. TECHNICIAN, SHOP NO.5, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 2. RANGISETTY KALYAN DATTU,, S/O.R.V.DATTU, AGED ABOUT 26 YEARS, OCC: CAR TRAVELS, SHOP NO.1, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 3. SMT.A.PARVATHAMMA,, W/O.HANUMANTHA RAO, AGED ABOUT 71 YEARS, OCC: FURNITURE SHOP, SHOP NO.2, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 4. ALLA RAMESH BABU,, S/O.ALLA SAMBASIVA RAO, AGED ABOUT 46 YEARS, OCC: CAR TRAVELS, SHOP NO.6, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 5. SHAIK HASSAIN,, S/O.AZIZ, AGED ABOUT 48 YEARS, OCC: BATTERY SHOP, SHOP NO.9, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 6. PALAKOLLU CHENCHA REDDY,, S/O.BASIVI REDDY, AGED ABOUT 78 YEARS, OCC: LORRY TRANSPORT, SHOP NO.7, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 7. CHERUKURI SRINIVASA RAO,, S/O.VEERAIAH, AGED ABOUT 49 YEARS, OCC: TWO WHEELER MECHANIC, SHOP NO.8, MUNICIPAL 2 SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 8. SOMAROUTHU KOTESWARA RAO,, S/O.KRISHNAIAH, AGED ABOUT 58 YEARS, OCC: TIRES REBUTTONING, SHOP NO.10, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. 9. SHAIK MASTHAN VALI,, S/O.NABEE, AGED ABOUT 48 YEARS, OCC: TAILOR, SHOP NO.4, MUNICIPAL SHOPPING COMPLEX, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, SAIFABAD, HYDERABAD. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, DEPARTMENT, 640, A.C. GUARDS, OPP: PTI BUILDING, HYDERABAD - 500 004. 3. THE MANGALAGIRI MUNICIPALITY, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR 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 to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order of 3rd respondent in R.O.C.No.436/2013/A1 dated 28-08-2014, served on petitioners, rejecting re- allotment of shops in favour of writ petitioners in newly constructed Municipal Shopping Complex, situated opposite to E-Seva center, Mangalagiri Town, Guntur District, as bad, illegal, arbitrary, discriminatory and offends Articles 14 and 21 of Constitution of India and consequentially to set aside the same and to direct the respondents to re-allot the said respective shops in favour of the writ petitioners 3 IA NO: 1 OF 2014(WPMP 33509 OF 2014 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 rl respondent not to allot shops newly constructed at Municipal Shopping Complex, in Mangalagiri Town, Guntur District to the third parties, other than the writ petitioners, pending disposal of the Writ Petition and to pass. IA NO: 1 OF 2015(WPMP 15389 OF 2015 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 Counsel for the Petitioner(S): 1. E SAMBASIVA PRATAP Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.26808 of 2014 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare the order of 3rd respondent in R.O.C.No.436/2013/A1 dated 28-08-2014, served on petitioners, rejecting re-allotment of shops in favour of Writ Petitioners in newly constructed Municipal Shopping Complex, situated opposite to E-Seva center, Mangalagiri Town, Guntur District, as illegal and arbitrary and consequentially to set aside the same and to direct the respondents to re-allot the said respective shops in favour of the Writ Petitioners”. 2. Learned Standing Counsel on instructions submits that the building in question is in dilapidated condition and the Respondent Authorities are intending to demolish the same and construct new premises. 3. Recording the said submission, the Writ Petition and other miscellaneous petitions, if any, are therefore closed. There shall be no order as to costs. __________________ NYAPATHY VIJAY, J Date: 4.07.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.26808 of 2014 Date: 4.07.2025 eha U