Andhra Pradesh High Court - Amravati
K. Veera Raju, vs State Of Andhra Pradesh on 11 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU _WRIT PETITION NOS: 22418, 22419, 22420, 22692, 22693, 22695, 22697, 22698, 22699, 22700, 22702, 22866, 22867, 22868, 22874, 22875, 22879, 22882, 22885, 22893, 22894, 22895, 22911, 22914, 22920, 22941, 22952, 22965 23006 OF 2020 and 23598 of 2020 W.P. No. 22418 of 2020: Between: K.Veera Raju, S/o Late Sri Jagga Rao, aged 59 years, Business, R/o 27-6-40/A, Spring Road, Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep.by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O.Ms.No.56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P.Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.21, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings; 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 grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.21, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non-payment of the amounts demanded under the impugned proceedings, pending disposal of Writ Petition No.22418 of 2020, on the file of the High Court. WP. No. 22419 of 2020: Between: N.Veera Bhadra Rao, S/o.late Balakrishna Rao R/o 8-6-48, Pedda Waltair Junction L.B. Colony Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep.by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No. 08, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings; IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 08, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of Writ Petition No.22419 of 2020, on the file of the High Court. W.P. NO: 22420 OF 2020 Between: Chinnimilli Venkat Rao, S/o Satyam, aged 66 years, Business, R/o 7-5114/13 Prayaga Residency Flat No.302, Near Panduranga Swamy Temple Pandurangapuram Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep.by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.10.2020 (signed on 20.11.2020) (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner peaceful physical possession and continuous enjoyment in respect of Shop No. 01, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings; 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 grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.10.2020 (signed on 20.11.2020) (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 01, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of Writ Petition No.22420 of 2020, on the file of the High Court. W.P. NO: 22692 OF 2020 Between: K. Babu Rao, S/o.late Appanna Aged 72 years R/o.27-7-5 Spring Road Poorna Market, Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.10.2020 (signed on 20.11.2020) (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.02, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 02, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22692 of 2020, on the file of the High Court. WRIT PETITION NO: 22693 OF 2020 Between: K. Prasad, S/o.late Mahalakshmi Naidu, 45 years R/o 49-16-3, Lalitha Nagar Gopalapatnam Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.59, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings and pass IA NO: 1 OF 2020 :Petition under Section 154 CPC praying that in the circumstances Stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 59, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22693 of 2020, on the file of the High Court. WRIT PETITION NO: 22695 OF 2020 Between: N. Rama Mohan Rao, S/o.N.Rama Rao Aged 64 years, R/o.39-33-15/13/2 S.R.Nagar, Madhavadhara Visakhaptnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.12, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings and pass IA NO: 1 OF 2020 : Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7_ dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 12, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22695 of 2020, on the file of the High Court. WRIT PETITION NO: 22697 OF 2020 Between: 1. K.Ganga Raju, S/o.K.Appala Naidu 85 years R/o.Qrtr No.11-171 Ravindra Nagar Opp.Nookalamma Temple Gopalapatnam Visakhapatnam. 2. K.Prasad , S/o.late Mahalakshmi Naidu 45 years R/o 49-16-3, Lalitha Nagar Gopalapatnam Visakhapatnam 3. K.Ramachandra Rao, S/o.K.Appala Naidu 70 years R/o.10-93, Indira Nagar Gopalapatnam Visakhapatnam Petitioners AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.17, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 :Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7_ dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 17, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22697 of 2020, on the file of the High Court. WRIT PETITION NO: 22698 OF 2020 Between: K. Ramachandra Rao, S/o. K. Appalanaidu 70 years R/o 10-93, Indira Nagar Gopalapatnam Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.16, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 :Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 16, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22698 of 2020, on the file of the High Court. WRIT PETITION NO: 22699 OF 2020 Between: K Prasad, S/o.late Mahalakshmi Naidu 45 years R/o 49-16-3, Lalitha Nagar Gopalapatnam Visakhapatnam Petitioner AND 1. The State of A.P, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.60, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 60, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Mar fet), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22699 of 2020, on the file of the High Court. WRIT PETITION NO: 22700 OF 2020 Between: P.Srinivasa Rao, S/o.late Nooka Raju Aged 56 years R/o.44-37-5/2 80 Feet Road, Near Ganesh Temple Akkayapalem, Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS. declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A-P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.18, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7_ dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.18, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22700 of 2020, on the file of the High Court. 10 WRIT PETITION NO: 22702 OF 2020 Between: N. Surya Prakash, S/o.late N.Krishnaji, aged 43 years, Business, R/o 39-33-15/13/1 S.R. Nagar, Madhavadhara Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No. 03, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 03, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, Pending disposal of WP 22702 of 2020, on the file of the High Court. , WRIT PETITION NO: 22866 OF 2020 Between: CH Appa Rao, S/o Late Ch.Paidaiah Aged 61 years, R/o Flat No.103, Ganga Vihar Apartments Door No.49-40-5 Akkayyapalem Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development , Secretariat Buildings, Amaravathi, Guntur District. Il 2. Greater Visakhapatnam Municipal Corporation, Visakha jatnam, Rep. by its Commissioner. 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shap No.26, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rce.No.1700/2020/A7_ dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.26, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22866 of 2020, on the file of the High Court. WRIT PETITION NO: 22867 OF 2020 Between: Chinnimilli Venkat Rao, S/o Satyam, aged 66 years, Business, R/o 7-5114/13 Prayaga Residency Flat No.302, Near Panduranga Swamy Temple Pandurangapuram Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District, 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal 12 Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.44, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 44, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22867 of 2020, on the file of the High Court. WRIT PETITION NO: 22868 OF 2020 Between: K. Venkata Narasimha Rao, S/o. Lake K.Satyanarayana Aged 61 years, Business R/o. D.No.14-1-4 Kakatiya IT] Road Gajuwaka Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7_ of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. 13 Municipalities Act, 1965 and the principles of natural justice! and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.45, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.45, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22868 of 2020, on the file of the High Court. WRIT PETITION NO: 22874 OF 2020 Between: D. Ganesh Kumar, S/o.D.Trinadh Aged 32 years R/o. Flat No.S2, Home Tec Pratheeksha Aprts Opp.Vinayaka Temple, AVM Nagar Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner , Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondent 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7_ of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated' 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.57, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. 14 IA NO: 1 OF 2020: Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.57, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22874 of 2020, on the file of the High Court. WRIT PETITION NO: 22875 OF 2020 Between: Mopidevi Sairam, S/o. late M.Adi Vishnu Aged 31 years, Business R/o.Door No.36-44- 77 Sriharsha Bhavan Kancherlapalem Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the ALP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.09, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7_ dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.09, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22875 of 2020, on the file of the High Court. 15 WRIT PETITION NO: 22879 OF 2020 Between: B. Surya Prakash, S/o.veera Raju Aged 63 years, Business R/o.Door No.20-17-3/2 Roseland Backside Velampeta Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, ¢ Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner , Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, _ in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.63, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.63, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22879 of 2020, on the file of the High Court. WRIT PETITION NO: 22882 OF 2020 Between: Ch.Srinivasa Rao, S/o.Ch.Appa Rao Aged 39 years, Business R/o Flat No.103, Ganga Vihar Apartments Door No.49-4-5 Akkayapalem Visakhapatnam Petitioner AND 16 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.39, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P.,the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.39, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22882 of 2020, on the file of the High Court. WRIT PETITION NO: 22885 OF 2020 Between: S. Naidu, S/o Late Govindu Aged 44 years R/o Door No.5-51 Srimaknta Nilayam Purushothapuram Sujatha Nagar Post Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner , Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondents 17 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, -- in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.15, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 : Petition under Section 151 CPC praying that in the circumstances . Stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.15, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22885 of 2020, on the file of the High Court. WRIT PETITION NO: 22893 OF 2020 Between: Palem Satyanarayana, S/o. Late Chander Rao,Aged 51 years R/o.39-5-4/3 Plot No. 133, Murali Nagar Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner , Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings _ in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the _ Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) 18 Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.36, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.36, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22893 of 2020, on the file of the High Court. WRIT PETITION NO: 22894 OF 2020 Between: K. Srinivasa Rao, S/o Late K.Satyanarayana Aged 50 years R/o Door No.39-5-15 Murali Nagar East,Industrial Estate Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.10, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone 19 IV, Greater Visakhapatnam Municipal Corporation, Visakhapatna in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 :Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.10, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22894 of 2020, on the file of the High Court. WRIT PETITION NO: 22895 OF 2020 Between: New Vegetable Wholesale Merchants, Association Market Canteen Rep.by its Secretary K.Veera Raju,S/o.Sri K.Jagga Rao 58 years, Gnanapuram Convent Junction Visakhaptnam Petitioner AND 4. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner , Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. oo . 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Rco.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Mimicipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner peaceful physical possession and continuous enjoyment in respect of the Canteen of the Petitioner Association situated at Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to theProceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the Canteen of the Petitioner Association situated at Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction 20 Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings and pass, Pending disposal of WP 22895 of 2020, on the file of the High Court. WRIT PETITION NO: 22911 OF 2020 Between: M. Aadhi Sudheer, S/o.M.V.Chinna Rao R/o.Door No.36-94-334/3 Ramjee Estate Kancherlapalem Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Secretariat Buildings, Amaravathi, Guntur District 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondent 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with Petitioners peaceful physical possession and continuous enjoyment in respect of Shop No.51, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.51, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22911 of 2020, on the file of the High Court. WRIT PETITION NO: 22914 OF 2020 Between: K Prasad, S/o.late Mahalakshmi Naidu 45 years R/o 49-16-3, Lalitha Nagar Gopalapatnam Visakhapatnam Petitioner 21 AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondent 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Rc.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.13, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA _NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No. 13, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22914 of 2020, on the file of the High Court. WRIT PETITION NO: 22920 OF 2020 Between: V Parameswara Rao, S/o. Manikyala Rao Aged 43 years R/o.8-42-16, Chinna Waltair Visakhapatnam. Petitioner AND 4. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal, Corporation, Visakhapatnam, rep. by its Commissioner 3 The Zonal Commissioner, Zone-lV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Respondents 22 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.43, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.43, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22920 of 2020, on the file of the High Court. WRIT PETITION NO: 22941 OF 2020 Between: N. Thimmayya, S/o.Seethayya Aged 56 years, Business R/o.D.No.26-7-2/ 1, Panda Street Opp.Satyanarayana Theater Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Rco.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation 23 Act, the G.O. Ms. No. 56 of Municipal Administration and Urban |Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011) issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.42, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.42, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22941 of 2020, on the file of the High Court. WRIT PETITION NO: 22952 OF 2020 Between: P Srinivas Rao, P.Srinivas Rao S/o. Late P.Satyanarayana R/o.37-12-54/6/2, NGOs Colony Murali Nagar, Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone - IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS. declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.35, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. 24 IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Re.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.35, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of non payment of the amounts demanded under the impugned proceedings, pending disposal of WP 22952 of 2020, on the file of the High Court. WRIT PETITION NO: 22965 OF 2020 Between: B. Prasada Rao S/o. Narayana Rao Aged 76 years, Business R/o.Door No.45-47-45 M.A.Residency Madeti Gardenrs 80 Feet Road, Akkayapalem Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam. Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Rc.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the AP. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner'speaceful physical possession and continuous enjoyment in respect of Shop No.58, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.58, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 22965 of 2020, on the file of the High Court. 25 WRIT PETITION NO: 23006 OF 2020 Between: Palem Satyanarayana, S/o.. Late Chander Rao Aged 51 years. R/o.39-5-4/3 Plot No.133, Murali Nagar Visakhapatnam. Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation , Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-iV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Rc.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A.P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.36, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to grant STAY of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.36, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 23006 of 2020, on the file of the High Court. WP. No. 23598 of 2020: Between: P. Bharathi, W/o. Late P.Satyanarayana . Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 26 2. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3. The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the Visakhapatnam Municipal Corporation, the 2nd respondent herein, in issuing the Proceedings in Re.No.1700/2020/A7 of Greater Visakhapatnam Municipal Corporation, Zone-lV, Visakhapatnam dated 20.11.2020 (Served and received on 24.11.2020) as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 25 and the guarantee under Article 300-A of the Constitution of India, the Statutory provisions of the Hyderabad Municipal Corporation Act, 1955 as is made applicable to the Greater Visakhapatnam Municipal Corporation Act, the G.O. Ms. No. 56 of Municipal Administration and Urban Development (J1) Department of Government of Andhra Pradesh dated 05.02.2011 issued under the provisions of Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 exercising the powers conferred under Section 326 of the A-P. Municipalities Act, 1965 and the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with petitioner's peaceful physical possession and continuous enjoyment in respect of Shop No.34, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam in any manner whatsoever including the pretext of nonpayment of the amounts demanded under the impugned proceedings and pass IA NO: 1 OF 2020 : Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in Writ Petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Proceedings Rc.No.1700/2020/A7 dated 20.11.2020 (Served and received on 24.11.2020) of the Greater Visakhapatnam Municipal Corporation, Zone-IV, Visakhapatnam, the 2nd respondent herein through the 3rd respondent, including not to seal the premises Shop No.34, Wholesale Vegetable Market, Gnanapuram, (Popularly Known as Convent Junction Market), Zone IV, Greater Visakhapatnam. Municipal Corporation, Visakhapatnam in any manner whatsoever including under the pretext of nonpayment of the amounts demanded under the impugned proceedings, pending disposal of WP 23598 of 2020, on the file of the High Court. These petitions coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Orders of the High Court dated 27.11.2020 & 30-11- 2020 made in W.P. Nos. 22418 22419, 22420 of 2020 and orders dated 4-12-2020 made herein and upon hearing the arguments of Sri.T.S.Anand Advocate for the Petitioner in all petitions and of GP for Municipal Administration and Urban Development for Respondent No.1 in all petitions, and of Sri.S.Lakshminarayana Reddy, Standing Counsel for Respondent Nos.2 & 3 in all the petitions, the Court made the following 27 ORDER:
Heard learned counsel for the petitioner and learned counsel for respondents in IA. No. 1 of 2020 in W.P. No. 22418 of 2020, which has taken up as batch cases.
Orders are Reserved.
In view of the fact, final orders in IA. No. 1 of 2020 will be pronounced.
No. 1 of 2020. ne ASSISTANT REGISPR . ; Lo IITRUE COPY// For ASSISTANT-REGISTRAR To,
1. The Principal Secretary, Municipal Administration and Urban Development, State of A.P., Secretariat Buildings, Amaravathi, Guntur District. 2 The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, rep. by its Commissioner 3 The Zonal Commissioner, Zone-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.
4. One CC to Sri.T.S.Anand Advocate [OPUC]
5. Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh.[OUT]
6. One CC to Sri S. Lakshminaraya Reddy, Standing Counsel (OPUC)
7. One spare copy. .
28HIGH COURT DVSS,J DATED: 11-12-2020 NOTE: ORDERS RESERVED ORDER WRIT PETITION NOS: 22418, 22419, 22420, 22692, 22693, 22695, 22697, 22698, 22699, 22700, 22702, 22866, 22867, 22868, 22874, 22875, 22879, 22882, 22885, 22893, 22894, 22895, 22911, 22914, 22920, 22941, 22952, 22965, 23006 and 23598 of 2020 DIRECTION