lN THE HIGH COURT OF ANDHRA PRADESH AT A (SPECIAL ORIGINAL JURISDICTION)

WEDNESDAY, THE FOURTEENTH DAY OF J ll^/O THOUSAND AND ll^/ENTY THREE :PRESENT: THE HONOURABLE SR[ JUSTICE K SREEN]VASA REDDV``

WRIT PETITION NO: 13805 OF 2023/

Betwee n :

`.

I V S N Murfhy, S/o Rama Rao, aged about 52 years, R/o H.No.3-79/1, Rudravari Meraka, Chjnthapalli, Rajolu Mandal, Konaseema District, (Erstwhile ~ East Godavari Dist)

...Petitioner

AND

• 1. The State ofAndhra Pradesh, Home Department, Secretariat Building, Secretariat Velagapudi, Guntur District, Rep. by its Principal Secretary.
• 2. The Station House Officer, Ramachandrapuram Police Station, Konaseema District, (Erstwhile East Godavari District).
• 3. Pilli Srinivasa Rao, S/o Sathyam, Aged about 49 years, R/o H.No.13-2-3/4, ~ KondaI Rao Street, Ramachadnrapuram, Konaseema District.

....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with the possession and enjoyment of Shop Bearing No.22-2-10/2 situated at 22nd Block, Kakinada Road, Ramachandrapuram, Konaseema District at the instance of the 3rd respondent is highly illegally, arbitrary and violation of Articles 14,19 (1) (g) & 21 of the Constitution of India and consequently direct the 2nd respondent not to interfere into the business activity of the petitioner situated at Bearing No.22-2-10/2 situated at 22nd Block, Kakinada Road, Ramachandrapuram, Konaseema District.

lANO: 1 OF2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd respondent not to interfere into the business activity of the petitioner situated at Bear-lng No.22-2-10/2 situated at 22nd Block, Kakinada Road, Ramachandrapuram, Konaseema District, pending disposal of WP 13805 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri V V N Narayana Rao, Advocate for the Petitioner and of GP for Home for Respondent Nos.1 & 2, the Court made the following

ORDER:

I'This Writ Petition has been filed questioning the action of 2nd respondent in interfering with the business activities of the petitioner situated in Shop bearing No.22-2-10/2 situated at 22nd BIock, Kakinada Road, Ramachandrapuram, Konaseema District.

Learned counsel for the petitioner submitted that earlier, w.p.No.15855 of 2022 was filed before this Court against 2nd, respondent herein and Sri Pilli Bhimeshwara Rao, assailing the action of 2nd respondent in interfering with his possession and enjoyment in respect of the aforesaid property, and by an order dated 27.06.2022, this Court closed the said Writ Petition recording the submission made by the learned Assistant Government Pleader for Home that 2nd respondent never interfered with the peaceful possession and enjoyment of the petitioner in respect of his shop or his business activities at the instance of the Std respondent therein.

lt is contended by the learned counsel for the petitioner that despite the order passed by this Court, 2nd respondent is continuing to interfere with the business activities of the petitioner herein at the instigation of Sid respondent herein.

ln view of the aforesaid circumstances, 2nd respondent is directed not to interfere with the business activities of the petitioner herein.

Learned counsel for the petitioner is permitted to take out personal notice to the Respondent No.3 by Registered Post with Acknowledgment Due and file proof of service within a period of three (3) weeks.

Post after two (2) weeks." sd/_ K. KASIRAO ACHARI

ASSISTANTJ#G I STRAR

For-.__-___

//TRUE COPY// SECTION OFFICER

To,

• 1. The Principal Secretary, Home Department, State ofAndhra Pradesh, Secretariat Building, Secretariat Velagapudi, Guntur District.
• 2. The Station House Officer, Ramachandrapuram Police Station, Konaseema District, (Erstwhile East Godavari District).
• 3. Pilli Srinivasa Rao, S/o Sathyam, R/o H.No.13-2-3/4, Kondal Rao Street, Ramachadnrapuram, Konaseema District.(1 to 3 by RPAD)
• 4. One CC to Sri. V V N Narayana Rao, Advocate [OPUC]
• 5. Two CCs to GP for Home, High Court ofAndhra Pradesh. [OUT]
• 6. One spare copy.

MSB

HIGH COURT

$\text{SRK}, \text{J}$

DATED:14/06/2023

ORDER

POSTT AFTER TWO (2) WEEKS

WP.No.13805 of 2023

INTERIM DIRECTION