IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25266 of 2008 Between: Kalanikethan Silks (P) Ltd. Rep. by its Managing Director, Mr. Vemuluri Naga Bhushanam, R/o. D.No. 27-33-4, Gudavalli vari Street, Vijaywada - 512 002, Krishna Dist. ..... PETITIONER AND 1 The Guntur Municipal Corporation Rep. by its Commissioner Guntur. 2 G.I. Dayardhana Rao R/o. MIG-60, A.P.H.B. Colony, Guntur. 3 Indira Enterprises Rep. by its Managing Partner, Nittala Daneal, R/o. Ankamma Nagar, Guntur. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue any Writ, Order or Direction, more particularly one in the Nature of Writ of Mandamus directing the respondents 1 and 2 not to obstruct the petitioner to proceed with its business activities in the commercial complex premises in an extent of 833. 20 sq. mts. situated in T.S.No. 84, Block No.2, Ward No.2 Main Road, Brodiepet, Guntur without notice and without following due process of law. Counsel for the Petitioner: MR.RAJA REDDY KONETI Counsel for the Respondent No.: MR.B.VENKATARATNAM The Court made the following : ORAL ORDER: According to the petitioner, he took 18,500 Square feet including Sellar under Registered lease agreement dated 23.9.2008. There after he made internal modiﬁcations for the purpose of doing plot business. The ﬁnishing work is going on and the shop is scheduled to be opened on 24.11.2008. Despite the fact that he has all the documents in his favour, the Oﬃcers of the ﬁrst respondent-Corporation are entering in the premises and raised an oral objection for the work stating that the matter is under consideration with the ﬁrst respondent. As it is causing any amount of inconvenience, he ﬁled the present Writ Petition with the following prayer: “For the reasons stated in the accompanying aﬃdavit, the petitioner prays that the Hon’ble Court may pleased to issue any Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus directing the respondents 1 and 2 not to obstruct the petitioner to proceed with its business activities in the commercial complex premises in an extent of 833.20 sq. mts situated in T.S.No. 84, Block No. 2, Ward No. 2 Main Road, Brodipet, Guntur without notice and without following due process of law and pass such other order or orders as may deem fit and proper in the circumstances of the case.” Heard the counsel appearing for the petitioner and the learned Standing Counsel for Guntur Municipal Corporation. It may not be necessary for this Court to go into the details as to whether the said interference is authorized or un- authorized and it is suﬃce if this Court directs the ﬁrst respondent-Corporation to issue notice and hold an enquiry, if necessary in accordance with law. Accordingly, the Writ Petition is disposed of at the stage of admission with a direction to the ﬁrst respondent to issue notices to the petitioner as well as the second respondent and there after pass appropriate orders in accordance with law. _______________________________ GOPALA KRISHNA TAMADA, J Dt. 18.11.2008 KA Note: Furnish copy tomorrow. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CD copies