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Andhra Pradesh High Court - Amravati

Mr. Shaik Masthan Saheb vs State Of Andhra Pradesh on 5 November, 2020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)

THURSDAY, THE FIFTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY

:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 10426 OF 2020
Between:

Mr. Shaik Masthan Saheb, S/o Shaik Meera Saheb,
Mr. Shaik Valli Saheb, S/o Meera Saheb,

Mr. Shaik Masthan Valli, S/o Shaik Moula Saheb,
Mr. Shaik Meera Valli, S/o Shaik Alli Saheb,

PON>

Petitioners
AND

1. State of Andhra Pradesh,, Rep. by its Principal Secretary Municipal
Administration and Urban Development(G) Department Secretariate, Velagapudi,
Amaravathi.
The Commissioner and Director of Municipal Administration,, A.P.,Guntur.
The Collector,, West Godavari District.
The Municipal Commissioner, Akiveedu Nagar Panchayat Akiveedu Mandal,
W.Godavari District.
5. The Mandal Tahsildar,, Akiveedu Mandal, West Godavari District.

Respondents

wn

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 a Writ, Order or Orders or a Direction more particularly one in the nature of Writ of
Mandamus, declaring the Impugned notice in R.O.C.No. 23/2020/A1, Dt.04.06.2020
and the notice in R.O.C.No. 23/2020/A1, Dt.11.06.2020 issued by the 4th respondent is
illegal, arbitrary, malafide and violation of Article 14 and 16 apart from violation of
principles of natural justice by setting aside the same and consequentially direct the 4th
respondent to continue the Petitioners to run their mutton shops in Shop Nos. 5,6,8 and
7 respectively in Municipal Shopping complex(Sri Kanumuri Bapiraju gari Samoohika
Bhavanam) nearby Vanuvulamma Temple, Akiveedu Nagar Panchayat, West Godavari
District by fixing the lease in the interest of justice.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend.
the Impugned notices in R.O.C.No. 23/2020/A1, Dt.04.06.2020 and the notice in
R.O.C.No.23/2020/A1, Dt.11.06.2020 issued by the 4" respondent in respect of mutton
shops i.e. Shop Nos. 5,6,7 and 8 in Municipal Shopping complex('Sri Kanumuri Bapiraju
gari Samoohika Bhavanam) nearby Vanuvulamma Temple, Akiveedu Nagara
Panchayat, Akiveedu Mandal, West Godavari District, pending disposal of WP 10426 of
2020, 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 dated 22-06-2020 and 08-10-
2020 made herein and upon hearing the arguments of Sri A. Chandraih Naidu Advocate
for the Petitioners, GP for Municipal Administration for Respondent No.1 & 2 and of GP
for Revenue for Respondent Nos.3 & 5 and of Sri M. Manohar Reddy, Standing
Counsel for Respondent No.4, the Court made the following.
 

ORDER:

Sri M. Manohar Reddy, standing counsel states that the counter has been impleaded. He is also directed to serve a copy of the same on the learned counsel for the petitioner.

List the matter on 17-11-2020. di Till then, interim order is extended. Sd/-K. TATARAO Lo ASSISTANT REGISTRAR ITTRUE COPYII A For ASSISTANT REGISTRAR To

4. One CC to SRI. A CHANDRAIH NAIDU, Advocate [OPUC]

2. Two CCs to GP for Municipal Administrationn ,High Court of Andhra Pradesh. [OUT] Two CCs to GP FOR REVENUE [OUT] One CC to SRI MMMANOHAR REDDY, Standing Counsel [OPUC] One spare copy Bone NS) HIGH COURT DVSS,J DATED:05-11-2020 NOTE: LIST THE MATTER ON 17-11-2020 ORDER WP.No.10426 of 2020 EXTENSION OF INTERIM ORDER oh woe ee cua reat 2