APHC010523012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26903/2025 Between: 1. NAMBALA APPA RAO, S/O. LATE RANGAIAH, AGED ABOUT 62 YEARS, R/O. 3-6, BESIDE Y.TV CHANNEL, ADARSH NAGAR, OLD DAIRY FARM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, , VISAKHAPATNAM, REPRESENTED BY ITS COMMISSIONER. ...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, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, directing the Respondents to strictly adhere to the due process of law as directed by this Honble Court in W.P. No. 40 of 2017, including issuing a proper show-cause notice, granting a personal hearing, and passing a reasoned order, before taking any steps to dispossess the Petitioner or demolish his shop Situated at Opposite Post Office, Old Dairy Farm Centre, Visakhapatnam under Trade License No. TL/46671/2021, and TL/27381/2018, Electricity Connection No. 116518V028346998 as illegal, 2 HN, J W.P.No.26903_2025 arbitrary and also oppose to all cannons of justice as well as oppose to Article 300-A of the Constitution of India consequentially direct the respondents not to interfere with the possession of the petitioner with respective the Tea Stall Situated at Opposite Post Office, Old Dairy Farm Centre, Visakhapatnam under Trade License No. TL/46671/2021 and TL/27381/2018 Electricity Connection No. 116518V028346998 and to pass s 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 respondents not to interfere with the possession of the petitioner with respective the Tea Stall Situated at Opposite Post Office, Old Dairy Farm Centre, Visakhapatnam under Trade License No. TL/46671/2021, and TL/27381/2018, Electricity Connection No. 116518V028346998 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.26903_2025 ORDER:- 1. The petitioner is aggrieved by the high-handed action of the 2nd respondent in attempting to dispossess the petitioner, inspite of clear directions passed by this Court in W.P.No.40 of 2017. 2. It is submitted that the petitioner has been running a business for the last thirty-three years by setting up a small tea stall. The petitioner has also obtained a tea stall license and a power connection for the said stall. However, the 2nd respondent has been sending their men, who are threatening eviction, and are attempting to demolish the petitioner’s shop without issuing any notice. 3. The learned Standing counsel for the 2nd respondent submits that there is an ongoing project for clearance of encroachments on the road margins, and in that process, the officers have approached the petitioner. However, it is submitted that due process shall be followed. The 2nd respondent shall issue a proper notice and follow the due process of law before vacating the petitioner or demolishing the petitioner’s property. It is also made clear that the petitioner shall not cause any inconvenience to the public by encroaching onto the road margin or causing any other form of inconvenience to the general public. 4. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 4 HN, J W.P.No.26903_2025 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N 25.09.2025 NKA 5 HN, J W.P.No.26903_2025 255 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26903 of 2025 Date: 25.09.2025 NKA 6 HN, J W.P.No.26903_2025