Disposed¶79

Mohammad Showkath Ali v. the State of Ap

Andhra Pradesh HC18 Aug 2025WP/17649/2025

Case brief

AI extract

What is this about?

Writ Petition 17649/2025, AP High Court, decided 19.08.2025, single judge K. Sreenivasa Reddy. Eviction notice by cooperative society (Ongole Cooperative Central Stores Ltd) during lease period; violation of natural justice; notice set aside; due process of law for eviction directed; status quo on possession maintained; Article 226; Section 151 CPC; Ghouse Hotel and Family Restaurant, Ongole; no costs; disposed; no precedents cited.

What did the court decide?

Impugned notice bearing R.C. No. 01/2025 dated 10.07.2025 set aside; respondents directed to follow due process of law for eviction if the premises is required; status quo as to possession to be maintained by the parties until then; miscellaneous applications closed; no order as to costs. ¶79

Mohammad Showkath Ali Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned notice bearing R.C. No. 01/2025 dated 10.07.2025, issued by respondent No.6 during the subsistence of the lease period and directing the petitioner to vacate within three days, is illegal, unconstitutional and violative of the principles of natural justice for having been issued without prior notice or hearing.

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Court's answer

Neither in the references nor in the body of the impugned notice is there any mention of issuing any notice to the writ petitioner; the notice was issued abruptly directing vacatur within three days, and admittedly the official respondents did not adhere to the principles of natural justice while issuing it.

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Ratio / Principle

The impugned notice dated 10.07.2025 is set aside; the respondents are directed to follow due process of law for eviction of the writ petitioner if the subject premises is required by them, and until such time the parties shall maintain status quo with regard to possession.

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Detailed headnote1 paragraphs

Andhra Pradesh High Court (K. Sreenivasa Reddy, J.) disposed of a writ petition under Article 226 filed by the proprietor of Ghouse Hotel and Family Restaurant challenging an eviction notice (R.C. No. 01/2025, dt. 10.07.2025) issued by respondent No.6, the Ongole Cooperative Central Stores Limited, during the subsistence of his three-year permission/licence period (20.03.2024 to 20.03.2027; monthly fee Rs. 60,000/-; deposit Rs. 1,00,000/-). Holding that neither the references nor the body of the notice disclosed any prior notice to the petitioner and that the official respondents had admittedly not adhered to the principles of natural justice, the Court set aside the notice, directed the respondents to follow due process of law if they required the premises, continued status quo as to possession meanwhile, and closed all pending interlocutory applications, with no order as to costs. Interim status-quo order of 11.07.2025 had earlier been granted and extended; respondent No.6's I.A. to vacate it was thus rendered infructuous by the final order.

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I /f

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APHC010351582025 /

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 17649 OF 2025

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Between:

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Mohammad Showkath AN, S/o Ghouse Saheb, Aged about 51 years, R/o 471-40, Rangu Thota, Ongole, Prakasam District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, CoOperative Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi,^Guntur District, A.P

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The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District.

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The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh.

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The District Cooperation Officer, Ongole, Prakasam District, Andhra Pradesh.

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The Ongole Cooperative Central Stores Limited, Rep. by its Assistant Registrar/Managing Director Ongole, Prakasam District Andhra Pradesh.

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The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh.

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The Deputy Superintendent of Police, Ongole Town, Prakasam District, Andhra Pradesh.

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The Station House Officer, Ongole Town, Prakasam District,^Andhra Pradesh

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fifed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the impugned notice bearing R.C. No. 01/2025 Dated 10.07.2025 issued by the 6^^ Respondent during the subsistence of lease period as being illegal, unconstitutional and violative of the principles of natural justice and consequently direct the respondents to set aside the Impugned notice bearing No. R.C. No.01/2025 Dated 10.07.2025 issued by the 6*^ Respondent.

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lA NO: 1 OF 2025

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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 to suspend the operation of the Impugned Notice dated; 10.07.2025 issued by the Respondent no.6, evicting the Petitioner from the premises of Ghouse Hotel and Family Restaurant, Ongole, Prakasam district pending disposal of the Writ Petition.

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lA NO: 2 OF 2025

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Between:

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The Ongole Cooperative Central Stores Limited, Rep. by its Assistant Registrar/Managing Director Ongole, Prakasam District,^A.P.

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...PETITIONER/RESPONDENT No.6

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AND

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Mohammad Showkath Ali, S/o Ghouse Saheb, Aged about 51 years, R/o 47-1-40, Rangu Thota, Ongole, Prakasam District.

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...RESPONDENT/PETITIONER

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The State of Andhra Pradesh, Rep. by its Principal Secretary, CoOperative Department, Secretariat Buildings, Velagapudi,^Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi,^Guntur District, A.P

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The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District.

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The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh.

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The District Cooperation Officer, Ongole, Prakasam^District, Andhra Pradesh.

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The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh.

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The Deputy Superintendent of Police, Ongole Town, Prakasam District, Andhra Pradesh.

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The Station House Officer, Ongole Town, Prakasam^{District,Andhra} Pradesh

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...RESPONDENTS

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 11.07.2025 granted in the present I.A.No.1 of 2025 in W.P. No.17649 of 2025, in the interest of justice.

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Counsel for the Petitioner: M/s. AYESHA AZMA S 1^^

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Counsel for the Respondent Nos.1,3,5:GP FOR COOPERATION

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Counsel for the Respondent Nos.2,8 & 9: GP FOR HOME

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Counsel for the Respondent No.4;GP FOR REVENUE

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Counsel for the Respondent No.6;SRI V. V. N. NARASIMHAM

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Counsel for the Respondent No.7:—

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The Court made the following order:

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APHC010351582025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION N0.17649 OF 2025

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Between:

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MOHAMMAD SHOWKATH All, S/o Ghouse Saheb, Aged about 51 years, R/o 47-1-40, Rangu Thota, Ongole, Prakasam District.

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...Petitioner

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AND

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THE STATE OF AP, Rep. by its Principal Secretary, CoOperative Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. the State of Andhra Pradesh, Rep. by its Principal^Secretary, Home Department Secretariat buildings, Velagapudi, Amaravathi, Guntur District, A.P 3. The Commissioner for Cooperation and Register of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. 4. The Collector and District Magistrate, Ongole, Prakasam District, Andhra Pradesh. 5. The District Cooperation Officer, Ongole, Prakasam District, Andhra Pradesh. 6. The Ongole Cooperative Central Stores Limited, Rep.^by its Assistant Registrar/Managing Director Ongole, Prakasam^District Andhra Pradesh. 7. The Chairman, The Ongole Cooperative Central Stores Limited, Ongole, Prakasam District Andhra Pradesh. 8. The Deputy Superintendent of police, Ongole Town, Prakasam District, Andhra Pradesh. 9. The Station House Officer, Ongole Town, Prakasam^District, Andhra Pradesh

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...Respondents

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SRK, J 2 W.P.No. 17649 of 2025

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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 declaring the i^{particularlyoneinnatureofWritofMandamus} 10 07 2025 is r"'’ Dated 10.07.2025 ,ssued by the 6th Respondent during the subsistence oflease period as being i,legal, unconstitutional and violative of he principles of natural justice and consequently direct the respondents to set aside the f Impugned notice bearing No. R.c. No. 01/2025 Dated 10.07.2025 i issued by the 6th Respondent.

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Counsel for the Petitioner-

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AYESHA AZMA S

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Counsel for the Respondents: GP FOR HOMF

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SRK, J W.P.No.l7649 of2025

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The Court made the following ORDER:

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This Writ Petition has been filed seeking to declare^the impugned notice bearing RC No.01/2025, dated 10.07.2025, issued by 6*^^ respondent, during subsistence of lease^period, directing the Writ Petitioner to vacate the premises^withinthree days, as illegal, unconstitutional and violative of^{theprinciplesof} natural justice. 2. Writ Petitioner is the sole proprietor of Ghouse Hotel^and Family Restaurant, a duly licensed food establishment,^operating in the premises belonging to 6*^ respondent - the Ongole^Co- operative Central Stores Limited. On 02.04.2024, a formal “Permission Document” (license/agreement) was entered into between the petitioner and 6'^ respondent, allowing^{thepetitioner} to operate Ghouse Hotel and Family Restaurant within the premises of 6 respondent for a period of three years from 20.03.2024 to 20.03.2027, on a monthly license fee of Rs.60,000/- and a security deposit of Rs.1,00,000/-^wasalsopaid by the petitioner. Pursuant to the said permission, petitioner invested significant capital, time and effort for setting^upand operating the Hotel and Restaurant. While so, 6''^^respondent, without issuing any prior notice or affording any opportunity^of hearing to the petitioner, issued the impugned notice dated 10.07.2025, directing the petitioner to vacate the^{premiseswithin} a period of three days from the date of receipt of notice. Questioning the same, the petitioner filed the present Writ Petition.

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SRK, J 4 W.P.No. 17649 of 2025

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This Court, on 11.07.2025, while ordering notice to 6 th respondent, directed the parties to maintain status-quo and the same is being extended from time to time.

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Learned counsel for the petitioner submits that the impugned notice has been issued behind the back of the Writ Petitioner without issuing any prior notice or affording any opportunity of hearing to him, thereby violating the principles of natural justice. 5. Sri V. Venugopala Rao, learned Senior Counsel appearing on behalf of Sri WN Narasimham, learned counsel for respondent, fairly submitted that the respondents will follow due process of law for eviction of the petitioner from the subject premises.

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Heard. Perused the record. 7. A perusal of the impugned notice goes to show that neither in the references nor in the body of the impugned notice, there is any mention of issuing any notice to the Writ Petitioner by the respondents. It appears that the impugned notice has been issued abruptly directing the Writ Petitioner to vacate the subject premises within three days without any prior notice. Admittedly, the official respondents have not adhered to the principles of natural justice while i issuing the impugned notice directing the Writ Petitioner to vacate the subject premises.

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SRK, J W.P.No.l7649of2025 5

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t r

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In view of the aforesaid facts and circumstances, the impugned notice dated 10.07.2025 is hereby set aside. However, the respondents are directed to follow due process of law for eviction of the Writ Petitioner, in case the subject premises is required to them, Till such time, status quo with regard to possession shall be maintained by the parties.

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of. 9. With the above direction, the Writ Petition is disposed There shall be no order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

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Sd/- K XATA RAO DEP EGiSTRAR //TRUE COPY// SECTION OFFICER

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To,

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