APHC010711422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36431/2025 Between: 1. YERRAMSETTY HARI PRASAD,, S/O Y. SESHAIAH (LATE) AGED ABOUT 67 YEARS, SOLE PROPRIETOR OF SRI VIJAYA FURNITURES, SHOP. NO. 11, A.C. BOMMA MUNICIPAL SHOPPING COMPLEX, SUBEDHARPET, NELLORE. R/O 24-12-1555, MILITARY COLONY, DARGAMITTA, NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPALITIES AND URBAN DEVELOPMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI 522238, GUNTUR DISTRICT. 2. THE NELLORE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, CORPORATION OFFICE, DARGAMITTA, NELLORE 524003. ...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 tomay be pleased to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the declaring the action of 2nd respondent in taking steps and making attempts to dispossess the petitioner from rented shop i.e Shop No. 11, A.C. Bomma Municipal Shopping Complex, Subedharpet, Chinna Bazar, Nellore, pursuant to notice vide ROC No. 033/2025/Al dated -10-2025 issued on 17-10-2025 by the 2nd 2 respondent concluding that the 25 years of lease period for the same was concluded, without giving any opportunity to the petitioner, without providing necessary documents about conclusion of lease as the same are illegal, arbitrary and unconstitutional and consequently set aside the notice issued by the 2nd respondent vide ROC No. 033/2025/Al dated 2025 issued on 17-10- 2025, while directing the 2nd respondent not to interfere with the possession of Petitioner over the said property 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 be pleased to stay all further proceedings pursuant to the notice of the 2nd respondent vide ROC No. 033/2025/A1 dated -10-2025 issued on 17-10- 2025, including dispossession. eviction of the petitioner from rented shop i.e Shop No. 11, A.C. Bomma Municipal Shopping Complex, Subedharpet, Chinna Bazar, Nellore, by the 2nd respondent and their staff and pass such Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 ORDER: The petitioner is aggrieved by the action of the 2nd respondent in issuing notice calling upon the petitioner to handover the vacant possession of shop for facilitating the 2nd respondent to conduct a fresh auction and for allotment of shops. The petitioner was also called upon to pay the entire outstanding arrears of rent, if any, and to pay the electricity bills, and to hand over the keys of the shops, along with proof of payment of the electricity bills, within 30 days from the date of the impugned notice. 2. The learned counsel for the petitioner submits that the petitioner’s name was mutated in the records of the 2nd respondent as a lessee and that the 25 years period of lease, which is generally granted insofar as Municipal Shop Complex is yet to expire. It is submitted that the respondent authorities cannot call upon the petitioner to vacate the shop and handover the vacant physical possession before the expiry of 25 years lease period. 3. Sri A.S.C. Bose, the learned Standing Counsel appearing for the 2nd respondent submits that the 25 years lease period has been completed long back. It is submitted that the petitioner mutated his name, and the mutation of the name of the petitioner by the respondent authority cannot be considered as a fresh lease, which would have to be considered for the fresh term of 25 years from the date of mutation. It is further submitted that this Court considered several Writ Petitions where the municipal authority had issued similar notices calling upon the petitioners therein to vacate and handover the 4 possession of shop to enable the respondent authority to conduct a fresh auction. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent. Perused the material on record. 5. Considering the Orders passed by this Court in other Writ Petitions, the possession of the petitioner shall not be disturbed by the 2nd respondent till finalization of auction proceedings. The petitioner is at liberty to participate in the auction which is proposed to be conducted by the 2nd respondent. It is also made clear that the petitioner shall handover the vacant possession of the shop by the date of finalization of the auction proceedings in the event, the petitioner is unsuccessful bidder. 6. It is also made clear that the petitioner shall clear the outstanding arrears of rent and the electricity bills, if any, due, before the petitioner participates in the auction proceedings. 7. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 5 238 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.36431 of 2025 Date: 30.12.2025 SCH