APHC010067552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3539/2025 Between:

Gangupamu Suresh ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S)

Counsel for the Petitioner:

1. V V SATISH Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“.... to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order in RC.No.1086/2024/P.H/Ward-72/GWK/Zone-VI dated 16.01.2025 issued by the 2^nd respondent and the consequential orders issued by the 3^rd respondent in Rc.No.1086/2024/PH/Ward-72/GWK/Zone-VI dated 01.2.2025 is illegal, arbitrary and without jurisdiction and consequently set aside the same…...”

2. The brief facts of the case are as follows:

(a) The petitioner has been running a Gym Centre under the name and style of “S.S.Fitness World” in the premises bearing D.No.10-3-1/3, 60 feet road, Ward No.72, Gajuwaka, Visakhapatnam since 2019, in pursuance of the lease deed entered with the owner of the said premises i.e., Sri N.Lakshmipathi Raju who is the 4^th respondent herein. In view of the disputes between the petitioner and his landlord i.e., 4^th respondent, the petitioner was constrained to file O.S.NO.484 of 2022 on the file of learned Junior Civil Judge at Gajuwaka seeking permanent injunction against the 4^th respondent, wherein the Civil Court granted a temporary injunction in favour of the petitioner vide orders dated 26.12.2022. In pursuance of the said orders, the petitioner is in possession of the said Gym Center.

(b) Thereafter, the 3^rd respondent issued a notice in Rc.No.1086/2024/F1/PH-VI/Zone-VI/GVMC dated 26.09.2024 alleging that the petitioner is running a fitness centre without obtaining permission from the 2^nd respondent in contravention to the provisions of Section 521 and 596 of Hyderabad Municipal Corporation Act. Challenging which, the petitioner filed W.P.No.25330 of 2024 before this Court. The said writ petition was disposed of on 07.11.2024, with the following direction:

“In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation in detail enclosing all the necessary documents in support of his claim to the above said notice of the 3^rd respondent dated 26.09.2024 within a period of two (02) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 and 3 shall proceed with the necessary enquiry strictly in accordance with law pursuant to the above said notice dated 26.09.2024 treating it as only notice by the 2^nd respondent and upon hearing all the parties concerned including the petitioner and the 4^th respondent specifically, upon verification of the records and the subject shop/premises/activity, appropriate decision shall be taken on its own merits by the 2^nd respondent as expeditiously as possible preferably within a period of eight (08) weeks thereafter. Pending the above said enquiry there shall not be any coercive action and subject to outcome of the same, the activity of the petitioner shall be permitted as per law and pending the enquiry, the petitioner is permitted to run the Gym in the subject premises.”

(c) In pursuance of the orders passed by this Court on 07.11.2024, the petitioner has submitted his explanation on 30.11.2024 stating that the Gym, which is a fitness centre, does not fall within the activities enumerated under Section 521 of Andhra Pradesh Municipal Corporation Act, 1994. But, inspite of the same, respondent No.2 has issued the impugned order vide Rc.No.1086/2024/P.H/Ward-72/GWIK/Zone-VI, dated 16.01.2025, which was served on the petitioner on 21.01.2025, directing the petitioner to submit new lease agreement, Aadhar Card, p