Date of reserved for orders : Date of pronouncement :01.07.2026 Date of uploading : APHC010331652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17376/2026 Between: 1. BALLAMKONDA VENKATESWARA RAO, S/O VEERA SWAMY, AGED ABOUT 57 YEARS SHOP NO. 2700001 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 2. CHANDU SIVA SANKARA RAO,, S/O VENKATAPPAIAH, AGED ABOUT 64 YEARS. SHOP NO. 2700002 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 3. BADE KANAKA DURGA,, W/O SRINIVASA RAO, AGED ABOUT 50 YEARS SHOP NO. 2700003 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 4. I. VIJAYA LAKSHMI,, W/O RATAIAH, AGED ABOUT 50 YEARS. SHOP NO. 2700007 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 5. S. VENKATESWARLU @ VENKATESWARA RAO, S/O SESHAIAH, AGED ABOUT 55 YEARS. SHOP NO. 2700008 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 6. CHANDU MALLIKARJUNA RAO,, S/O VENKATAPPAIAH, AGED ABOUT 80 YEARS. SHOP NO. 2700010 ARUNDELPET SHOPPING COMPLEX LANE, ARUNDELPET, GUNTUR 7. U. RAVIDEVA RAJU,, S/O ANKAMMA RAO, AGED ABOUT 52 YEARS SHOP NO. 2700011 ARUNDELPET SHOPPING COMPLEX, 2 HN,J W.P.No.17376 of 2026 1ST LANE, ARUNDELPET, GUNTUR 8. SALKINEEDI DEVA MANI,, W/O KOTESWARA RAO, AGED ABOUT 67 YEARS. SHOP NO. 2700012 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 9. CHIRUGURI ASEERVADAM,, S/O RAMAIAH, AGED ABOUT 63 YEARS. SHOP NO. 2700013 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 10. KATRAGADDA CHANDRA SEKHAR,, S/O PRABHAKARA RAO, AGED ABOUT 41 YEARS. SHOP NO. 2700014 ARUNDELPET SHOPPING COMPLEX 1ST LANE, ARUNDELPET, GUNTUR 11. CHENNAREDDY SRINIVASA RAO,, S/O ADI SESHAIAH, AGED ABOUT 55 YEARS SHOP NO. 2700015 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR 12. MADALA RAJYA LAKSHMI,, W/O KOTESWARA RAO, AGED ABOUT 59 YEARS SHOP NO. 2700020 ARUNDELPET SHOPPING COMPLEX, 1ST LANE, ARUNDELPET, GUNTUR ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPALITIES AND URBAN DEVELOPMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.-522237 2. THE GUNTUR MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, GUNTUR GUNTUR DISTRICT.-522001 3. THE ADDITIONAL COMMISSIONER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT.-522001 ...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 WRIT OF MANDAMUS declaring the notices issued by the 3rd respondent in Roc.No.991984/2026/A2-1, dated 31-03-2026, directing the 3 HN,J W.P.No.17376 of 2026 petitioners to vacate their respective shops in Arundelpet Shopping Complex, 1st Lane, Arundelpet, Guntur, on or before 30-06-2026, and the consequential action of the respondents in taking steps to evict the petitioners and to proceed with auction/re-allotment of the said shops without considering the representation dated 16-06-2026 submitted by the petitioners, as illegal, arbitrary, unjust, unreasonable, violative of principles of natural justice and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently set aside notices dated 31-03-2026 in so far as the petitioners are concerned Direct the respondents, particularly the 2nd respondent, to consider the representation dated 16-06-2026 submitted by the petitioners for grant of fresh leases/re-allotment/first preference in respect of their respective shops on payment of revised rent, security deposit and other lawful charges, by taking into consideration their longstanding occupation. contribution towards construction cost, regular payment of rent, dependence upon the shops for livelihood, hardship caused due to closure/diversion of the main road line for the last about six months on account of construction of new overbridge, and to pass appropriate reasoned orders after affording an opportunity of personal hearing to the petitioners, and pending such consideration, direct the respondents not to evict the petitioners from their respective shops and not to proceed with auction/re- allotment of the said shops to third parties, and pass IA NO: 1 OF 2026 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 evict the petitioners from their respective shops in Arundelpet Shopping Complex, 1st Lane, Arundelpet, Guntur by way of auction/re-allotment of the said shops to third parties pursuant to the notices in Roc.No.991984/202S/A2-1, dated 31-03-2026, pending disposal of the writ petition, and pas Counsel for the Petitioner(S): 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 4 HN,J W.P.No.17376 of 2026 The Court made the following Order: The petitioners are in occupation of the shops at the Arundalpet shopping complex, Arundalpet, Guntur. The petitioners have approached this Court aggrieved by the action of the respondents 2 & 3 in issuing the impugned notices, dated 31.03.2026, calling upon the petitioners to vacate the shops and hand over the possession to enable the respondents 2 & 3 to auction the shops for inviting a tender for leasing the same. 2. It is submitted that the petitioners are all petty business people and have been eking out their livelihood by running the shops and business. It is also submitted that the respondents ought to consider the representation of the petitioners, dated 16.06.2026 for considering to renew the lease in favour of the petitioners. 3. It is further submitted that the respondents have not passed any orders on the representation of the petitioners. 4. The learned Standing Counsel appearing for the respondents 2 & 3, submits that, the 2nd respondent is not competent to renew the lease beyond a period of 25 years and that, all the petitioners have been in possession of the shops on lease for more than 25 years. It is also submitted that the respondents intend to auction the shops for grant of fresh lease by inviting bids/open auction. 5 HN,J W.P.No.17376 of 2026 5. Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents 2 & 3. 6. Perused the material available on record. 7. The petitioners cannot be permitted to stay put on the property belonging to the 2nd respondent beyond the permitted period of 25 years of lease. As such, the petitioners would have to facilitate the auction/tender process, which is proposed to be taken up by the 2nd respondent. The petitioners are at liberty to participate in the auction, which is proposed to be conducted by the 2nd respondent. It is made clear that the petitioners shall have to hand over the vacant possession of the shops by the date of finalization of the auction proceedings in the event the petitioners are unsuccessful bidders. 8. It is also made clear that the petitioners shall have to clear the outstanding arrears of rent if any due and also the electricity bill if any due before the petitioners participating in the auction proceedings. 9. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 6 HN,J W.P.No.17376 of 2026 As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________ HARINATH.N, J Date:01.07.2026 KPV Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 7 HN,J W.P.No.17376 of 2026 124 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.17376 of 2026 01.07.2026 KPV