APHC010629592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32495/2025 Between: 1. M.MADDILETI,, S/O. M. CHINNA SIVANNA, AGED ABOUT 48 YEARS, LEASE HOLDER OF SHOP NO.20, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 2. P.S.BHARATH KUMAR,, S/O. LATE P S MADANA GOPAL, AGED ABOUT 32 YEARS. LEASE HOLDER OF SHOP NO.5, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 3. SHAIK NASHEER AHMED,, S/O. SHAIK MAHABOOB, AGED ABOUT 44 YEARS. LEASE HOLDER OF SHOP NO.36, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 4. A. SULOCHANA,, W/O. LATE P. YERAMAIAH, AGED ABOUT 44 YEARS. LEASE HOLDER OF SHOP NO.21, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 5. B.ESAB, S/O. LATE ERANNA, AGED ABOUT 60 YEARS. LEASE HOLDER OF SHOP NO.25, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 6. MD. BASHA, S/O. LATE QURESHI IMAM SAHEB, AGED ABOUT 63 YEARS, LEASE HOLDER OF SHOP NO.33, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT 7. P.V.SUBBAIAH,, S/O. LATE P MAHA NANDHI, AGED ABOUT 70 YEARS. LEASE HOLDER OF SHOP NO.28, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 8. SHAIK USMAN BASHA,, S/O. LATE WAHAB MIAH, AGED ABOUT 2 HN,J W.P.No.32495 of 2025 50 YEARS. LEASE HOLDER OF SHOP NO.35, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 9. AZMATHULLA, S/O. LATE UBETHULLA, AGED ABOUT 52 YEARS. LEASE HOLDER OF SHOP NO. 12, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT. 10. SHAIK YUSUF BASHA, S/O. LATE SHAIK MAHABOOB, AGED ABOUT 50 YEARS. LEASE HOLDER OF SHOP NO.11, MUNICIPAL SHOPPING COMPLEX, C.CAMP, KURNOOL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE KURNOOL MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT, REP. BY ITS COMMISSIONER. 3. THE DEPUTY COMMISSIONER, THE KURNOOL MUNICIPAL CORPORATION, KURNOOL, KURNOOL 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent in issuing notices in in Rc.No.439862/2021-A1, dt.25.08.2025 and taking steps to evict the petitioners from their respective shops as illegal, arbitrary, one without jurisdiction and violation of Articles 14, 19, 21 of Constitution of India and also violation of Andhra Pradesh Municipal Corporation Act, 1950 and consequently direct the respondents not to evict the petitioners from their respective shops by set aside the notices issued by the 3rd respondent in Rc.No.439862/2021-A1, dt.25.08.2025 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 3 HN,J W.P.No.32495 of 2025 pleased to direct the respondents not to evict the petitioners from their respective shops by suspending the notices issued by the 3rd respondent in Rc.No.439862/2021- A1, dt.25.08.2025, pending disposal of the Writ petition Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP 4 HN,J W.P.No.32495 of 2025 The Court made the following Order: This present writ petition is filed aggrieved by the notices issued by the 3rd respondent dated 25.08.2025 calling upon the petitioners to pay up the outstanding rents within a period of three (03) days from the date of receipt of the said notice. 2. Learned counsel for the petitioners submits that each of the petitioners have deposited Rs.25,000/- in the year 2020 and from the amounts deposited by the petitioners, the 2nd respondent has constructed small shops admeasuring 10x6 feet, 10x8 feet for permitting them to conduct their petty businesses. 3. It is submitted that the petitioners are willing to pay the outstanding rents and seeks direction from this Court to the 2nd respondent not to evict them from the subject shops. 4. Learned Standing Counsel appearing for the 2nd respondent submits that the lease period of 25 years had expired by 20.10.2025 and that the 2nd respondent is in the process of issuing notification for conducting fresh auction for the said shops. That apart, it is submitted that the petitioners are in due of various amounts and have been called upon to pay up the lease amounts. 5. It is also submitted that the shops in the Municipal Complex shall be put to auction and that the petitioners are free to participate in the said auction. 5 HN,J W.P.No.32495 of 2025 6. Heard learned counsel for the petitioners and the learned Standing Counsel for the respondent Nos.2 and 3. 7. Recording the said submissions of the learned counsel for the petitioners and the learned Standing Counsel for the respondent Nos.2 and 3, the respondent Nos.2 and 3 are at liberty to conduct fresh auction and it is open for the petitioners to participate in the said auction. Needless to mention that the petitioners have to pay up the outstanding bills for participating in the auction and the possession of the petitioners shall not be disturbed till the finalization of auction. Needless to state that in the event if the petitioners are unsuccessful in the auction process, they will have to hand over the possession of shops to the 2nd respondent on the date of finalization of the auction proceedings. 8. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 24.11.2025 PGT