WP/600/2015 of Binod Kumar Tiwari, Vs The Administrative Officer, on 18 September 2025

APHC010147282015

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY,THE NINETEENTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 600/2015

Between:

1. BINOD KUMAR TIWARI,, S/O LATE SARAYU TIWARI, AGED 51

YEARS, RETIRED PETTY OFFICER IN INDIAN NAVY, R/O. 71- 31-006, KRANTHI NAGAR, VISAKHAPATNAM.

...PETITIONER

AND

1. THE ADMINISTRATIVE OFFICER, NEW NAUSENA BAGH

RESIDENTIAL COMPLEX, INS SARKAR, NAUSENA BASE, VISAKHAPATNAM

2. THE COMMANDING OFFICER INS SARKAR INDIAN NAVY, NAVAL BASE, VISAKHAPATNAM

3. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI

...RESPONDENT(S):

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 an appropriate writ, order or direction, more particularly the one in the nature of Writ of Mandamus declaring the action of the respondents in illegally and highhandedly putting their own lock to the petitioner's shop premises bearing No 13 which is now renumbered, as shop No.16 of New Nausena Bagh Shopping Complex in New Nausena Bagh, Visakhapatnam, when he was temporarily absent at the shop disabling him to open his shop and doing business and in attempting to forcibly dispossess the petitioner from his shop threatening to throw away his furniture and electrical appliances in the

said shop without passing any order on the explanation submitted by the petitioner and without giving any opportunity of being heard and without following the due process of law as illegal, arbitrary, unjust, malafide, unfair and against the principles of natural justice and to consequently direct the respondents not to dispossess the petitioner from his shop thereby enabling him to continue his business in the said shop and to pass IA NO: 1 OF 2015(WPMP 718 OF 2015

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 pass an interim direction against the respondents not to forcibly dispossess the petitioner from his shop bearing No.13, which is now renumbered, as shop No.16 of New Nausena Bagh Shopping Complex in New Nausena Bagh, Visakhapatnam, and to enable him to continue his business of the said shop during the pendency of this writ petition.

IA NO: 2 OF 2015(WVMP 2835 OF 2015

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 vacate the interim order dated 28/1/2015 in W.p.no. 600 of 2015 and to dismiss the writ petition Counsel for the Petitioner:

1. K SARVA BHOUMA RAO

Counsel for the Respondent(S):

1. DEPUTY SOLICITOR GENERAL OF INDIA

The Court made the following: