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CDJ 2026 APHC 1529 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 22767 of 2026
Judges: THE HONOURABLE MR. N. JUSTICE HARINATH
Parties : M. Vidya Sagar Versus The State of Andhra Pradesh, Rep. By Its Principal Secretary, Guntur & Another
Appearing Advocates : For the Petitioner: Jitendra Kanyalur, Advocate. For the Respondent: GP Muncipal Admn & Urban Dev AP.
Date of Judgment : 13-08-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Section 151 CPC

2. Catch Words:
- Writ of Mandamus
- Lease renewal
- Auction
- Interference
- Representation
- Solvency certificate
- Fresh representation

3. Summary:
The petitioner seeks a writ of mandamus under Article 226 and Section 151 CPC to prevent Respondent No.2 from interfering with his business and to reopen a seized shop. Respondent No.2 had demanded a solvency certificate and proposed auctioning the shop after the lease term. The petitioner deposited the demanded amount but claims only Shop 4 is his concern, having completed 20 years of a 25‑year lease. The court directed the petitioner to submit a fresh representation with proof of payment within two weeks for renewal of Shop 4’s lease, and to reconstruct the wall and surrender Shop 3 for auction within three weeks. Respondent No.2 was instructed not to interfere with the petitioner’s business pending compliance. The writ petition was disposed of without granting the relief sought.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: 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 toIssue a Writ , Order or a direction, more particularly one in the nature of Writ of Mandamus, a) To directing the Respondent No.2 not to interfere in the business affairs at the subject schedule premises, with further directing to Re-Open the seizure effected relating to the present subject schedule caused by Respondent No.2 by handling over with proper continuity for the petitioner to run his business in the present subject schedule room, b) To consider the readiness and willingness of this petitioner to continue in the present subject schedule premises viz. Municipal Complex of Madanapalle Municipality, J.K.Street, Madanapalle , Annamayya District, c) To setting aside the impugned proceedings in Roc.No.l 146/A1/2011 Dt.28.01.2026 issued by Respondent No.2 , and permit the petitioner to continue his affairs of business in the same subject schedule

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondent No.2 to Re-open the locks by removing the seizure with seal put on the.subject schedule premis viz. Shop No.4, Popular Shoe palace. Municipal Complex of Madahdpalle Municipality, .T.K. Street, Madanapalle , Annamayya District, by permitting the petitioner to continue his business without any interference of the Respondent No.2

IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondent No.2 to re-open admitted rent of Rs. 19,034/- per month from April 2026 onwards to till now the to receive the continuity of future rents i.e, ready payable by the petitinor to Respondent No.2, in the present subject schedule premises Viz. Shop No.4, Popular Shoe palace. Municipal Complex of Madanapalle Municipality, J.K. Street, Madanapalle , Annamayya District, pending disposal of this writ petition and to pass such other and further Orders as this Hon’ble Court may deem fit and proper in the circumstances of the present case.)

1. The petitioner is aggrieved by the action of respondent No.2 in interfering with the business activity of the petitioner. Respondent No.2 issued Proceedings dated 28.01.2026, calling upon the petitioner to submit a solvency certificate for an amount of Rs.1,00,000/- or furnish Demand Deposit of equivalent value. It is submitted that the petitioner deposited an amount of Rs.1,00,000/- on 08.04.2026, as called upon. However, respondent No.2 has now proposed to auction the shop.

2. It is submitted by the learned counsel for the petitioner that the petitioner has completed 20 years of the lease period and has still five years remaining. It is further submitted that the petitioner is conducting business in Shop No.4 and that Shop No.3 was originally allotted to the petitioner's father, and the petitioner, after demolishing the internal wall, has been using both shops as one unit.

3. The learned Standing Counsel appearing for respondent No.2 submits that Shop No.3 was allotted to the petitioner's father and that the lease period of 25 years has already been completed. Therefore, respondent No.2 proposes to auction the said shop.

4. In reply, the learned counsel for the petitioner submits that the petitioner is not interested in continuing the business in Shop No.3 and confines his claim to renew the lease of Shop No.4 alone.

5. In view of the above submissions, the writ petition is disposed of directing the petitioner to submit a fresh representation within a period of two weeks from today to the respondent No.2, along with proof of payment of Rs.1,00,000/- already deposited pursuant to the proceedings dated 28.01.2026. On receipt of such representation, respondent No.2 shall consider the renewal of the lease in respect of Shop No.4 in favour of the petitioner for the remainder of the lease period.

6. The petitioner shall, however, reconstruct the common wall between Shop Nos.3 and 4 and hand over Shop No.3 to the respondent No.2, so as to enable respondent No.2 to take appropriate steps for auction of Shop No.3 within a period of three (3) weeks from today.

7. Needless to mention that respondent No.2 shall not interfere with the business activity of the petitioner subject to the petitioner complying with the above observations.

8 With the above observations and directions, the writ petition is disposed of. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

 
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