Andhra Pradesh High Court - Amravati
Shaik Vahida, vs The State Of Andhra Pradesh on 17 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE SEVENTEENTH DAY OF JULY
TWO THOUSAND AND NINETEEN
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 8242 OF 2019
Between:
1. Shaik Vahida, W/o. Late. S.Anwar.
2. Syed Sarvar, S/o. Dasthagirsab.
3. K.N.Venu, S/o. late K.Nagaraj.
4. Mahammad Samiulla, S/o. Mahammad Saheb.
5. Shaik Mahaboob Basha, S/o. Shaik Ameerjan.
6. Chengaiahsetty Rambabu, S/o.late Pashuparthy Rangaiah Setty.
Petitioners
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration,
Secretariat Buildings, Velagapudi, Guntur District.
2. The District Collector, Chittoor District, Chittoor.
3. The Palamaner Municipality, Palamaner Town, Chittoor District, rep. by its Commissioner.
4. The Divisional Engineer, Roads and Buildings Department, Palamaner Town, Chittoor District.
5. The Station House Officer, Palamaner Urban, Chittoor District.
Respondents
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 to issue an appropriate order or direction more
particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 5 in
interfering with the possession and enjoyment of the petitioners over the shops located opposite to CSI-
Church, MBT Road, in Sy.No.308/2, Palmaner Town, Chittoor District, without issuing any notice or
following due process of law as arbitrary, illegal, colorable exercise of power and voilative of fundamental
rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and
consequently direct the respondents No.2 to 5 to not to interfere with the rights of the petitioners over the
shops located opposite to CSI Church, MBT Road, in Sy.No.308/2, Palmaner Town, Chittoor District,
without issuing notice or following due process of law
IA NO: 1 OF 2019
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 to direct the respondents No.2 to 5 to not to evict
the petitioners from the shops located opposite to CSI Church, MBT Road, in Sy.No.308/2, Palmaner
Town, Chittoor District, without issuing notice or following due process of law, pending disposal of the Writ
Petition No. 8242 of 2019, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support
thereof and the order of the High Court order dated 01.07.2019 & 02.07.2019 made herein and upon
hearing the arguments of Ms.S PARINEETA, Advocate for the Petitioner, learned GP FOR MUNCIPAL
ADMINISTRATION AND URBAN DEVELOPMENT, for the Respondent No.1, learned GP FOR
REVENUE for Respondent No.2, Sri.M.D.Saleem, learned Standing Counsel, for Respondent No.3,
learned GP FOR ROADS A& BUILDINGS, for Respondent No.4, and of learned GP FOR HOME, for
Respondent No.5, the Court made the following.
ORDER:
No counter affidavit is filed by the respondents. In view of the same, status quo order granted earlier is extended for a further period of six (6) weeks.
List after four (4) weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. One CC to SRI. S PARINEETA Advocate [OPUC]
2. Two CCs to GP FOR GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, High Court Of Andhra Pradesh. [OUT]
3. Two CCs to GP FOR GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
4. Two CCs to GP FOR GP FOR ROADS & BUILDINGS, High Court Of Andhra Pradesh. [OUT]
5. Two CCs to GP FOR GP FOR HOME, High Court Of Andhra Pradesh. [OUT]
6. One spare copy tvr HIGH COURT KVLJ DATED:17/07/2019 NOTE: LIST AFTER FOUR WEEKS ORDER WP.No.8242 of 2019 EXTENSION OF STATUS QUO DRAFTED BY: TVR DRAFTED ON: 19.07.2019 HIGH COURT KVLJ DATED:17/07/2019 NOTE: LIST AFTER FOUR WEEKS ORDER WP.No.8242 of 2019 EXTENSION OF STATUS QUO