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2025 DAILYLAW 41064 (AP)

SHAIK SHARMILA v. THE STATE OF AP

WP/35737/2025 · 2025-12-19

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.35737_2025 APHC010698472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35737/2025 Between: 1. SHAIK SHARMILA, W/O. ABDUL VAHID, AGED 48 YEARS, RIO. NEW DOOR NO. 7-425, OLD DOOR NO. 7/302, IMAM STREET, SRIKALAHASTI TOWN, TIRUPATI DISTRICT, A.P - 517 644.. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 522238 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, 5TH LANE, ANNAPURNA NAGAR, INNER RING ROAD, GORANTLA, GUNTUR DISTRICT, ANDHRA PRADESH.522034 3. THE SRIKALAHASTI MUNICIPALITY, REP BY ITS COMMISSIONER SRIKALAHASTI, TIRUPATI DISTRICT, ANDHRA PRADESH.517644 ...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 topleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus directing the Respondent No. 3. And his staff not to take immediate action against the Petitioner from the possession of her shops and not to demolish the shop in New Door No. 7- 2 HN, J W.P.No.35737_2025 425, Old Door No. 7/302, Imam Street, Srikalahasti Town, Tirupati District, A.P - 517 644.., and pass IA NO: 1 OF 2025 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 pleased to direct the Respondent No. 3 not to take action against the Petitioner to Dispossess and evict her from the shops and also not to demolish the property in New Door No. 7- 425, Old Door No. 7/302, Imam Street, Srikalahasti Town, Tirupati District, A.P - 517 644.., with out following the due process of law and also suspend the notice which was issued by the 3rd Respondent in Roc.No.3082/2022/G1, dated on 15.12.2025. which is pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VAJJA CHETHAN KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.35737_2025 ORDER: 1. The petitioner is aggrieved by the impugned notice dated 15.12.2025, whereby the petitioner was called upon to remove the alleged unauthorized erection of an electric pole. In this regard, the 3rd respondent received a complaint from the Secretary of the CPI party for necessary action. 2. The learned counsel appearing for the petitioner submits that the petitioner has been in possession of the said shop and has been conducting business for the last 35 years, and has also been paying property tax. 3. Sri G.Lakshmi Narayana, the learned Standing counsel appearing for respondent No.3, submits that a news article was also published in the Vishalandra newspaper and further submits that Door No.7-425, claimed by the petitioner, stands in the name of S.Mahaboob Bee. 4. On the contrary, the learned counsel appearing for the petitioner submits that S.Mahaboob Bee is the mother-in-law of the petitioner. 5. Considering the submissions, the petitioner shall submit a reply to the show-cause notice, and the respondents shall pass a detailed order after providing an opportunity of hearing and after taking into consideration the documents submitted by the petitioner. Till then, status quo shall be maintained. 4 HN, J W.P.No.35737_2025 6. With the above observation, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:20.12.2025 NKA 5 HN, J W.P.No.35737_2025 77 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35737 of 2025 Date: 20.12.2025 NKA