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2026 DAILYLAW 8344 (AP)

KATIKA VALI BASHA v. THE STATE OF ANDHRA PRADESH

WP/11628/2023 · 2026-08-04

Harinath N

body2026

Judgment text

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1 HN, J W.P.No.11628_2023 APHC010220322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11628/2023 Between: 1. KATIKA VALI BASHA, S/O. KATIKA KRISHNAJI RAO, AGED ABOUT 24 YEARS, OCC. BUSINESS (BUTCHER), R/O.D.NO.348M-20-G, ARORA NAGAR, KURNOOL CITY AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE KURNOOL MUNICIPAL CORPORATION, REP., BY ITS MUNICIPAL COMMISSIONER, BUDHWARPETA MAIN ROAD, NR PETA, KURNOOL. 3. THE COMMISSIONER, THE KURNOOL MUNICIPAL CORPORATION BUDHWARPETA MAIN ROAD, NR PETA, KURNOOL. 4. THE TOWN CITY PLANNING OFFICER, THE KURNOOL MUNICIPAL CORPORATION BUDHWARPETA MAIN ROAD, NR PETA, KURNOOL. 5. RAJENDRA PRASAD BABU, S/O. DEVANNA AGED UNKNOWN YEARS, OCC. UNKNOWN R/O.D.NO.50-348-M3 ARORA NAGAR, KURNOOL CITY AND DISTRICT 6. DEVA, S/O. DEVANNA AGED UNKNOWN YEARS, OCC. UNKNOWN R/O.D.NO.50-348-M3 ARORA NAGAR, KURNOOL CITY AND 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 pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the actions of the respondents No.2 to 4 in trying to demolish the Chicken Shop (Temporary Shack) in the name and style of Kiran Chicken Center' located at 100 Feet Road, B-Camp, Arora Nagar, Kurnool City and District, belonging to the petitioner, at the instance of 2 HN, J W.P.No.11628_2023 respondents 5 and 6 without issuing any notice or proceedings under Andhra Pradesh Municipal Corporations Act, 1955 eventhough the petitioner have a valid trade license under Section 403 and 624 of the Andhra Pradesh Municipal Corporations Act, 1955 as arbitrary, illegal, contrary to the provisions of Andhra Pradesh Municipal Corporations Act, 1955 and Street Vendors Act, 2014 apart from being violative of the fundamental rights guaranteed to the petitioner under Articles, 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents not to demolish the Chicken Shop (Temporary Shack) in the name and style of Kiran Chicken Center' located at 100 Feet Road, B-Camp, Arora Nagar, Kurnool City and District without following the due process law and pass IA NO: 1 OF 2023 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 No.2 to 4 not to demolish the Chicken Shop (Temporary Shack) in the name and style of `Kiran Chicken Center' located at 100 Feet Road, B-Camp, Arora Nagar, Kurnool City, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. G M SWAMULU 3 HN, J W.P.No.11628_2023 ORDER: 1. The petitioner is aggrieved by the proposed action of the respondent authorities in trying to dispossess the petitioner from the shop of the petitioner, which is a temporary shack located at 100 feet road, B-Camp, Arora Nagar, Kurnool City and District. 2. This Court, vide order dated 03.05.2026, directed the respondents not to dispossess the petitioner except by following due process of law. 3. The learned Standing counsel appearing for respondent Nos.2 and 4 submits that the petitioner is conducting business by setting up a temporary shack by encroaching upon the subject property. 4. Be th at as it may, the writ petition is disposed off, directing the respondent authorities to follow due process of law in the event they intend to take any action against the subject shop of the petitioner. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:05.08.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 HN, J W.P.No.11628_2023 214 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11628 of 2023 Date: 05.08.2026 NKA