"a ‘ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE I© TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13880 OF 2025 •T % o to Between: Sai Sree Veternary (Generic) Medicals, Rep. by Proprietor Mudigonda Chandramohan, NTR Veterinary Super Speciality Hospital Campus, Labbipeta, Vijayawada, NTR Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Department of Animal Husbandry and Fisheries, Secretariat, Velgapudi, Amaravathi,Andhra Pradesh. 2. The Director, Department of Animal Husbandry and Fisheries, Labbipeta, Vijayawada, NTR Krishna District. 3. The Joint Director, NTR Veterinary Super Specialty Hospital, Labbipeta, Vijayawada, NTR Krishna District. 4. District Animal Husbandry officer, Vijayawada, NTR Krishna District. 5. WASTHYA LIFESCIENCE PRIVATE LIMITED, Registered office is at office 11, Amrut Dham, Manisha Nag-Kalwa and Thane 400605. Maharashtra. 6. Thanneru Naveen Kumar, Satthenpally, Guntur district. 7. Kanna Lakshmi Narayana, MLA, Sattenapalli constituency, Guntur 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 a Writ of Mandamus or any other appropriate writ. -declaring the action of the Respondent No- 41 District Animal Husbandry ^er, Vijayawada, NTR Krishna District, issuing a vacate notice Dt. 16-04- 20f5 to the petitioner that Contract ^' •M was terminated and to vacate the veterinary medical shop from premises within 30 days, in violation of clauses 12.3, 15, 19 and 20.9 of the Franchise agreement dt. 23-12-2022 and space allotment agreement Dt. 11-01-2023, without there being any evidence of violation with regard to the Franchise agreement dt. 23-12-2022 on record and consequently quash the vacate notice bearing Lr. Roc.No. 1320/30-2/2024, Dated 16.04.2025 issued by the Respondent No- 4 to the petitioner as the same is illegal, arbitrary, without any authority of law and jurisdiction and violative of Article 21 of Constitution of India and allow petitioner to continue his veterinary medical shop Sai Sree Veterinary (Generic) Medicals in the the campus of NTR Veterinary Super Speciality Hospital, Labbipeta, Vijayawada, NTR Krishna District and direct the Respondents 1 to 4 not to interfere with the Petitioners lawful operation of the Sai Sree Veterinary (Generic) Medical Shop except in accordance with due process of law. lA NO: 1 OF 2025 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 stay the operation of vacate notice bearing Lr. Roc.No. 1320/30- 2/2024, Dated: 16.04.2025 issued by Respondent No- 4/ District Animal Husbandry officer, Vijayawada, NTR Krishna District to the petitioner and allow the petitioner to continue his veterinary medical shop Veterinary (Generic) Medicals” in the campus of NTR Veterinary Super Speciality Hospital, Labbipeta, Vijayawada pending main writ petition. Counsel for the Petitioner: SRI KOTHA NAGA SURYA RAO Counsel for the Respondent Nos.1 to 4: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent Nos.5 to 7:-- The Court made the following: ORDER Sai Sree APHC010240772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13880/2025 Between: TSAI SREE VETERNARY (GENERIC) MEDICALS, REP BY PROPRIETOR MUDIGONDA CHANDRAMOHAN, NTR VETERINARY SUPER SPECIALITY HOSPITAL CAMPUS, VIJAYAWADA, NTR KRISHNA DISTRICT. LABBIPETA, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, FISHERIES, SECRETARIAT, VELGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2.THE DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, LABBIPETA, VIJAYAWADA, NTR KRISHNA DISTRICT. 3.THE JOINT DIRECTOR, NTR VETERINARY SUPER SPECIALITY HOSPITAL, LABBIPETA, VIJAYAWADA, NTR KRISHNA DISTRICT. 4.DISTRICT ANIMAL HUSBANDRY OFFICER, VIJAYAWADA, NTR KRISHNA DISTRICT, DEPARTMENT OF ANIMAL HUSBANDRY AND 5.WASTHYA LIFESCIENCE PRIVATE LIMITED, REGISTERED OFFICE MANISHA NAG-KALWA AND IS AT OFFICE 11, AMRUT DHAM, THANE 400605. MAHARASHTRA. 6.THANNERU NAVEEN KUMAR, SATTHENPALLY, GUNTUR 2 DISTRICT. 7.KANNA LAKSHMI NARAYANA, CONSTITUENCY, GUNTUR DISTRICT. MLA SATTENAPALLI ...RESPONDENT(S): Counsel for the Petitioner: 1. KOTHA NAGA SURYA RAO Counsel for the Respondent(S): 1 .GP FOR ANIMAL HUSBANDARY The Court made the following: ORAL ORDER: Heard Sri Kotha Naga Surya Rao, learned Counsel for the Writ Petitioner and Sri T. Venkata Ananda Rao, learned Assistant Government Pleader for Animal Husbandry. 2. The present Writ Petition is filed with the following prayer: “...pleased to may be pleased to Issue a Writ of Mandamus or any other appropriate writ, declaring the action of the Respondent No-41 District Animal Husbandry officer, Vijayawada, NTR Krishna District, issuing a vacate notice Dt. 16-04-2025 to the petitioner that Contract terminated and to vacate the veterinary medical shop from premises within 30 days, in violation of clauses 12.3,15,19 and 20.9 of the Franchise agreement dt. 23-12-2022 and space allotment agreement Dt. 11-01-2023, without there being any evidence of violation with regard to the Franchise agreement dt. 23-12-2022 on record and consequently quash the vacate notice bearing Lr. Roc. No. 1320/30- 2/2024, Dated 16.04.2025 issued by the Respondent No- 4 to the petitioner as the same is illegal, arbitrary, without any authority of law and Jurisdiction and violative of Article 21 of Constitution of India and allow the petitioner to continue his veterinary medical shop Sai Sree Veterinary (Generic) Medicals in the campus of NTR Veterinary Super Speciality Hospital, Labbipeta, Vijayawada, NTR Krishna District and direct the Respondents 1 to 4 not to interfere with the Petitioners lawful operation of the Sai M/as 3 Sree Veterinary (Generic) Medicai Shop except in accordance with due process of iaw and pass such... ” The present Writ Petition is filed by the lessee for enforcement of the terms of an Agreement entered into on 11.01.2023 (Ex.P.3) and a Tri-partite Veterinary Franchise Agreement (Franchise Agreement) executed between the third parties namely: 3. 1. Swasthya Life Science Private Limited; 2. District Animal Husbandry Officer NTR District; and, 3. M/s. Sai Sree Veterinary (Generic) Medical - Writ Petitioner herein. The Writ Petitioner is aggrieved of the Order of Termination of the Contract dated 16.04.2025 (Ex.P.11) . The contract and the Franchise Agreement have been cancelled on the ground that the Writ Petitioner has committed breach of Clause 12.2 (a) & (g) of the MOL), dated 23.12.2022 (Ex.P.1). 4. In terms of the Franchise Agreement, dated 23.12.2022 (Ex.P.1), the Writ Petitioner was permitted to establish a Pharmacy Shop for the sale and supply of animal related Generic Medicine to be purchased from Swasthya Life Science Private Limited. 5. It is submitted that, for this purpose, 75% subsidy was also provided to the Writ Petitioner. The Official Respondents have issued Notice of Non- compliance on 16.01.2025 (Ex.P.5), wherein it has been stated that the Writ Petitioner has been selling Non-generic Medicines and also making unauthorized purchases of Generic Medicine from outsiders without the consent of the generic Aadhaar, namely, Swasthya Life Science Private Limited. It has also been stated that the Writ Petitioner has not been utilizing the billing software that was provided to the Writ Petitioner. The Writ Petitioner was directed to rectify these violations withii/thirty (30) days from the date of Notice. 6. 4 V 7. The Writ Petitioner has, for the first time, placed an Order with the Swasthya Life Science Private Limited after receiving of the Notice of Non- compliance. The Writ Petitioner placed the said Orders on 17.01.2025 & 18.01.2025 (Ex.P.6). The Government had forwarded copies of the correspondence dated 17.01.2025 and 18.01.2025 (Ex.P.6) to the Official Respondents. The Official Respondents herein have addressed a letter to the Writ Petitioner on 14.02.2025 (Ex.P.7) seeking following material information: “Have you placed the order before 17.01.2025 and if so, send the proof of order placed. Have you made any correspondence to the franchiser with regards to orders and supply of medicines earlier.’’ 8. The Writ Petitioner has addressed a letter to the Official Respondents on the next day i.e. on 15.02.2025 (Ex.P.8), but the Writ Petitioner has not answered the queries raised by the Official Respondents in correspondence dated 14.02.2025 (Ex.P.7). its The above facts would indicate that, out of the three-years of the Franchise Agreement, dated 23.12.2022 and Contract commencing from 11.01.2023, for more than two and a half years, the Petitioner has not been complying with any of the terms of the conditions of either the Franchise Agreement or the Contract. The Writ Petitioner has, for the first time, reacted for complying with the terms of the Franchise Agreement and the Contract only after the Notice of Non-compliance was issued by the Official Respondents on 16.01.2025, that too at a time when the residual portion of the Franchise Agreement would subsist just for six months. 9. 10. The Tri-partite Agreement was entered into by the parties mentioned therein in order to serve a public cause, for which the Government has extended a subsidy of almost 70% to the Writ Petitioner. While the Writ Petitioner was enjoying the subsidy for putting up the shop, it appears that the Writ Petitioner was conducting the business in its own free-style, without 5 complying with any of the terms and the conditions of the Franchise Agreement or the Contract. Under these circumstances, this Court is of the view that the Writ Petitioner, while committing the breach of the Franchise Agreement and the Contract, has acted contrary to public interest which conduct cannot be accepted by this Court. 11. In this view of the matter, the present Writ Petition is not only devoid of any merit but is also an abuse of process. 12. 13. Accordingly, this Writ Petition is dismissed. No order as to costs. 14. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Kotha Naga Surya Rao, Advocate [OPUC] 2. Two CCs to GP for Animal Husbandary, High Court of Andhra Pradesh. [OUT] 3. Three CD Copies. ssb HIGH COURT DATED:17/06/2025 ORDER I 2UUN 2025 ^ ^ . Current section . ^ ’^Ss^SpatcHSS''^ WP.No.13880of2025 DISMISSING THE W.P. WITHOUT COSTS