Andhra Pradesh High Court - Amravati
Moka Lakshmi vs The Narsapuram Municipality on 15 December, 2020
[ 2692] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION NO: 23884 OF 2020 Between: Moka Lakshmi, W/o. Sri Moka Parusuram. Sangani Tayaru, W/o.Sri S.Seshagiri Rao. Moka Vijayalakshmi, W/o.Sri M.Venkateswara Rao. Ponnala Rajeswari, W/o.Sri P.Narasimha Raju. Tirumani Kantamma, W/o.Sri T.Meera Saheb. Kollati Lakshmi, W/o.Sri Kollati Meera Saheb. Addanki Parvathi, W/o.Sri A.Narayana Rao. Ellangi Durga, W/o.Sri |.Narasimha Rao. . §S.Dhanalakshmi, W/o.Sri S.Nancharaiah. 10. Vatadi Uttaraveni, W/o.Sri V.Pullaiah. 11. Tirumani Dhanalakshmi, W/o.Sri T.Balakrishna. 12.Boddu Lakshmi Narasamma, W/o.Sri B.Samba Murthy. 13. Thadi Mahalakshmi, W/o.Sri T.Satyanarayana. 14. Padasingu Satyanarayana, S/o.Sri P.Dharma Raju. 15.Addanki Annapurna, W/o.Sri A.Durga Rao. 16. Chinta Lakshmi, W/o.Sri Ch.Rama Rao. 17. Tirumani-Mahalakshmi, W/o.Sri T.Lakshmana Swamy. 18. Gadi Varalakshmi, W/o.Sri G.Narasimha Rao. 19. Kollati Durga, W/o.Sri K.Soma Raju. 20.Kamadi Ganga, W/o.Sri K.Narayana. 21. Barri Bharathi, W/o.Sri.B.Narasimha Rao. 22. Sankarapu Satyavathi, W/o.Sri S.Yedukondalu. OAONOARWNH-s ...Petitioners AND 1. The Narsapuram Municipality, Rep. by its Commissioner, Narsapuram, W.G.District, Andhra Pradesh -- 2. Smt.Adhikari Lakshmi, W/o. Sri A.Anantha Rama Rao, Contractor of Municipal Market, Adhikarivari Street, Narsapuram, West Godavari District, AP ; ...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 a writ of mandamus or any other appropriate writ, order or direction, declaring the action of the 1st Respondent Municipality in directing the petitioner to vacate their respective places provided for selling of fish/aqua products from "Fish Sales Building" situated at fish market, Narsapuram, West Godavari District without any manner of right or authority in depravation of their livelihood as, highly illegal, arbitrary exercise of power, violative of principles of natural justice and also violative of Art.19 (1) (g) of the Constitution of India and consequently direct the respondents not to dispossess them from their respective places of business in "Fish Sales Building" situated at fish market, Narsapuram, West Godavari District, AP. 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 direct the respondents not to dispossess petitioners from their respective fish selling places provided in "Fish Selling Building" situated at 11° Ward, Narsapuram, West Godavari District, Andhra Pradesh, pending disposal of WP 23884 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 upon hearing the arguments of M/s.K Chidambaram, Advocate for the Petitioners, Sri M.Manohar Reddy, Standing Counsel for the Respondent No.1, the Court made the following. ORDER
"Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent No.1 | Learned counsel for the petitioners admits that the petitioners are not lessees. He merely states that certain spots have been earmarked to the petitioners for selling the fishes and that the contractor collects the Aseel. He further states that the petitioners are asked to vacate the premises by the Municipal Authorities without any notice. In response to this, the learned Standing Counsel states that a new building has been constructing in the existing market by destroying an old building. As per the learned Standing Counsel, who argues on the basis of written instructions, the petitioners are given the alternative of shifting to the new modern Fish Market. He submits that the petitioners are neither lessees nor licensees. Therefore, he submits that they can be asked to shift. Learned counsel for the petitioners disputes this. Learned counsels for the respondents are directed to file detailed counter affidavits. Learned counsel for the petitioners is also directed to ask his clients whether they would be willing to shift to the new market place, which is being offered.
List on 29.12.2020.
Till then, no coercive steps shall be taken by the respondents against the petitioners.
Office is directed to print the name of Sri M.Manohar Reddy, learned Standing Counsel."
Sd/- B. NARSING RAO ASSISTANT REGISTRAR ITRUE COPY! | AL ~ For ASSISTANT REGISTRAR To,
1. The Commissioner, Narsapuram Municipality, Narsapuram, W.G.District, Andhra Pradesh
2. Smt.Adhikari Lakshmi, W/o. Sri A.Anantha Rama Rao, Contractor of Municipal Market, Adhikarivari Street, Narsapuram, West Godavari District, AP (1 & 2 by RPAD) One CC to Sri K Chidambaram, Advocate [OPUC] One CC to Sri M.Manohar Reddy, Standing Counsel [OPUC] The Section Officer, Writ Non-Service Section, High Court of AP. on & One spare copy SP
- HIGH COURT DVSSJ DATED: 15/12/2020 LIST ON 29.12.2020 ORDER WP.No.23884 of 2020 INTERIM DIRECTION 29 DEC 202k