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2025 DAILYLAW 4659 (AP)

SREE NAVAJI PRATAP CHAND v. VIJAYAWADA MUNICIPAL CORPORATION

WP/2176/2024 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010035762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2176/2024 Between: 1. SREE NAVAJI PRATAP CHAND, A PROPRIETARY CONCERN, CARRYING ON THE BUSINESS OF IMITATION AND FANCY SHOP, REP. BY ITS PROPRIETOR KUMAR SURESH @ SURESH KUMAR S/O. LATE NAVAJI PRATAP CHAND, HINDU, AGED ABOUT 40 YEARS BUSINESS, DOOR NO. 11-40-56, PULIPATI VARI STREET VIJAYAWADA-520001 ...PETITIONER AND 1. VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER CANAL ROAD, KRISHNA LANKA VIJAYAWADA - 520 001 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI - 522 503, AMARAVATI, GUNTUR DISTRICT 3. BATCHU RAJA VENKATA NAGA RAJESH, S/O.LATE BATCHU MURALI KRISHNA HINDU, AGED ABOUT 40 YEARS. BUSINESS R/O. DOOR NO. 11-40-56, PULIPATI VARI STREET VIJAYAWADA - 520 001 2 ...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 issue an appropriate writ or direction, more particularly one in the nature of Writ of Mandamus (a) declaring the action of the 1st respondent in issuing notice dt.12.01.2024 bearing Notice No.02/2024/W.P.R.S-275 as arbitrary, illegal and violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same (b) direct the respondents not to demolish the above said premises i.e., a shop room with approximate width 5ft and (depth) length 26 ft, bearing Door No. 11- 40- 56, Pulipativari Street, Vijayawada-I Town with fixtures and fittings, electricity connection bearing Service No.6435285012916, well with all rights of easements, bounded on East Navajyothi Binding Works South Others property West Remaining property of late Batchu Murali Krishna, the father of the defendant (SGMR Puja Store) and North Pulipativari Street, Vijayawada and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case, and to pass IA NO: 1 OF 2024 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 stay all further proceedings, pursuant to the Notice dt. 12.01.2024 bearing Notice NO.02/2024/W.P.R.S-275 issued by the 1st respondent, pending disposal of the above writ petition and to pass IA NO: 2 OF 2024 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 take this matter as "For Being Mention" and direct the office to correct the order dt.31.01.2024 as "l.earned counsel for the petitioner would submit that the shop bearing D.No.11-40-56 where the petitioner has been 3 carrying business is not in dilapidated condition" instead of "Learned counsel for the petitioner would submit that the shop bearing D.No.11-40-56 where the petitioner has been carrying business is in dilapidated condition and pass Counsel for the Petitioner: 1. RAYAPROLU SRIKANTH Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. VENNA KALYAN CHAKRAVARTHI 3. S.V.S.S.SIVARAM SC For VMC 4 The Court made the following ORDER:- The learned counsel appearing for the petitioners seeks permission of this Court to withdraw the present Writ Petition. 2. Permission is accorded. 3. Accordingly, this Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 16.07.2025 ANS 5 167 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2176/2024 Date: 16.07.2025 ANS