1 APHC010503542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25852/2025 Between: 1. NETHALA KANAKA, W/O HARICHANDRA PRASAD, AGED ABOUT 50 YEARS, R/O DOOR NO.9-1-9/2, PITHAPURAM COLONY, OPP RYTHU BAZAR MADDILAPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ZONAL COMMISSIONER, ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 4. THE ASSISTANT CITY PLANNER, , ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION 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 pleased toPetitioner herein prays that this Honourable Court in the interests of Justice be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the Petitioner from her A.C roofed 2 wooden buddy shop existing in an area of 10 Sq Yards situated at Door No.9- 1-9/2, Rajaka Veedhi, Ward No.22, near vegetable market, Pithapuram Colony, Maddilapalem, Visakhapatnam City while explanation dated 21.08.2025 to the eviction notice vide U.C.No.07/2025/ACP-lll dated 19.08.2025, is pending consideration as illegal, arbitrary, unjust and violative of principles of natural justice and Articles 14,21 and 300A of the Constitution of India and consequently direct the Respondents not to dispossess the Petitioner from her A.C roofed wooden buddy shop existing in an area of 10 Sq Yards, situated at Door No.9-1-9/2, Rajaka Veedhi, Ward No.22, near vegetable market, Pithapuram Colony, Maddilapalem, Visakhapatnam City and pass such 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 Petitioner herein prays that the Honourable Court in the interests of Justice be pleased to direct the Respondents not to take dispossess the Petitioner from her A.C roofed wooden buddy shop in an area of 10 Sq Yards, situated at Door No.9-1-9/2, Rajaka Veedhi, Ward No.22, near vegetable market, Pithapuram Colony, Maddilapalem, Visakhapatnam City and pass such Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent(S): 1. P RAJKUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25852 of 2025 ORDER: 1. The petitioner is aggrieved by the impugned proceedings dated 19.08.2025 whereby the 2nd respondent has issued a notice in the name of the petitioner’s mother, who passed away on 16.07.025. 2. The learned counsel appearing for the petitioner submits that an earlier notice dated 16.07.2025, issued in the name of the petitioner’s mother, was replied to by the petitioner. It is submitted that the petitioner’s mother filed O.S.No.447 of 2018, on the file of the I Additional Senior Civil Judge, Visakhapatnam, which was decreed restraining the 2nd respondent from interfering with the peaceful possession and enjoyment of the plaint schedule property. 3. The learned counsel appearing for the petitioner further submits that the plaint schedule property forms the subject of the impugned proceedings dated 19.08.2025. The suit was decreed on 12.03.2019. Unmindful of the decree against the 2nd respondent, the 2nd respondent has issued the impugned proceedings in the name of the mother of the petitioner, who is no more. 4. The learned Standing counsel appearing for the 2nd respondent submits that the respondent shall follow due process of law for evicting the petitioner, notwithstanding the petitioner’s submission that the petitioner’s mother had filed the suit which was decreed against the respondents and also considering that the impugned proceedings were issued in the name of a person who is no more. 4 5. Accordingly, the impugned proceedings are hereby set aside and the writ petition is disposed off, leaving it open for the respondents to take appropriate steps before the appropriate Court. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2025 NKA 5 33 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25852 of 2025 Date: 22.09.2025 NKA