IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10851 OF 2025 Between: P G Dayananda Reddy, s/o Late P.G. Govinda Reddy Age.50 years, Occ: Business R/o. D.No. 26-4-562/B, Tyagaraja Nagar, Hindupuramu Town and Sri Satya Sai District. ...PETITIONER AND 1. The State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat Amaravathi, rep. by its Principal Secretary 2. The Municipal Corporation, Rep. by its Municipal Commissioner, Hindupuramu Town and Sri Satya Sai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 2'"'^ respondent in threatening the petitioner to demolish the shed situated in front of the Shop No.3 in Block-BC-GF of the new Commercial Shopping Complex, bearing Do. No:6-3-16-1, RamNagar, Hindupuramu Town and Sri Satya Sai District, without issuing any notice, specifying any cause/reason and without may giving me an opportunity to give explanation and without following due process, as illegal, arbitrary, violation of principles of natural justice and Articles 14, 19, 21 and 300A of the constitution and consequently direct the 2nd respondent not to demolish the shed situated in front of Shop No 3 i - Block-BC-GF of the ^ . 3-16-1, RamNagar, Hindupuramu Town and Sri Satya Sai District, without following due process of law and by violating the principles of natural justice. lA NO: 1 OF 2025 .in new Commercial Shopping Complex, bearing Do. No:6- 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 2nd respondent not to demolish front of Shop No.3 in Block-BC-GF of the the shed situated in new Commercial Shopping I Complex, bearing Do.No:6-3-16-1, RamNagar, Hindupuramu Town and Sri Satya Sai District, without following due process of law and by violating the principles of natural justice, pending disposal of the writ petition. Counsel for the Petitioner: SRI P SRAVAN KUMAR REDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI G LAKSHMI NARAYANA (SC MUNICIPALITIES) FOR The Court made the following: ORDER APHC010210642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i [3460] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10851/2025 Between: ...PETITIONER P G Dayananda Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P SRAVAN KUMAR REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.10851 OF 2025 ORDER: The Writ Petition is filed questioning the action of the respondent No.2 in threatening the petitioner to demolish the shed situated in front of the Shop No.3 in Block-BC-GF of the new Commercial Shopping Complex, bearing D.No.6-3-16-1, RamNagar, Hindupuramu Town and Sri Satya Sai District without issuing anynotice specifying any cause/reason and without giving me an opportunity to give explanation and without following due process as illegal and arbitrary. Petitioner is a lessee in Shop No.3 in Block-BC-GP of new commercial 2. shopping complex bearing D.No.6-3-16-1, RamNagar, Hindupuramu Town and Sri Satya Sai District. The petitioner was allotted the shop in July 2022 for a period of five (05) years i.e. upto July 2027 vide ROC.No.300/2013/A1 dated 10.06.2022 and is doing business of groceries in the said shop. While so, the petitioner in order to prevent the rain water from entering into the shop had set up a shed infront of the shop. On noting the same, the respondent authorities called upon the petitioner to remove the shed. Questioning the same, the present writ petition is filed. Learned counsel for the petitioner submits that without issuing any prior 3. notice impugned action is being proposed by the respondents that the 3 petitioner has to remove the shed and the same is not in consistence with the principles of natural justice. Learned Standing Counsel on instructions submits that no prior permission was taken by the petitioner before raising the shed infront of the shop. It was also stated that the petitioner had violated the Municipal orders by encroaching the area infront of the shed allotted to him and thereby deviated the conditions. 4. 5. Having heard the respective counsels, this Court is of the opinion that admittedly the petitioner had extended the shed into an area which is beyond the leased shop and appears to keep the saleable products there. The reason given by the petitioner was that the same was raised to avoid the rain from entering into the shop, is an aspect which is to be considered by the respondent authorities and not by the Court. 6. Therefore, the writ petition is disposed of directingthe petitioner to submit a representation to respondent authority within one (01) week from today and on said representation, the respondent authority taking into consideration the reasons given in the representation may pass appropriate orders within two (02) weeks. Accordingly, the writ petition is disposed of. 7. 4 There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/-SHAIK MOHD RAFI //TRUE COPY// assistant REGISTRAR SECTION OFFICER To ^ ■ n*If I Secretary, Municipal Administration and Urban Development Department, Secretariat Amaravathi. Municipality, Hindupuramu 3. One CC to Sri P Sravan Kumar Reddy Advocate [OPUC] [OPUcf ^ Narayana, SC for Municipalities Muncipal Admn And Urban Andhra Pradesh. [OUT] 6. Three CD Copies Advocate Dev, High Court of TF HIGH COURT DATED;29/04/2025 ? 0 m 2025 ^ . Current Section ^ ov ml,9 ■a ORDER WP.No.10851 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS