M/s. Karthikeya Enterprises, v. THE STATE OF ANDHRA PRADESH
WP/13211/2025 · 2025-05-08
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18917 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18917 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)^ § FRIDAY JHE NINTH DAY OF MAY v/ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13211 OF 2025 Between: M/s. Karthikeya Enterprises' Having its Office at Plot No. Ayi, Road No. 10, Co-op Bank Colony, Nagole, Hyderabad - 500068 Represented by its Proprietor P. Sridhar Reddy. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Thullur Mandal, Guntur District, A.P.
2. The Director Collector, Tirupati District, Tirupati. 3. The Joint Collector, Tirupati District, Tirupati. 4. The Superintendent of Police, Tirupati District, Tirupati. 5. The District Disaster Response and Fire Officer, Tirupati District, Tirupati. 6. The Revenue Divisional Officer, Sullurpeta Revenue Division, Tirupati District ...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respc^errt No. 2 in considering the petitioner's representation dated 21.04.2025 and 23.09^2024, Report submitted by Respondent No. 4 dated 28.08^^2023, Report submitted by Respondent No. 5 dated 18.07.2023 and Report submitted by Respondent No. 6 dated 08.04.2024 for the grant of No Objection Certificate (NOC) to the petitioner for installing the explosive magazine for storage of explosives and for Blasting operations at Sy. No. 398/2 in Alathuru Village, B.N. Kandriga Mandal, Tirupati District as being illegal, arbitrary, irrational, contrary to the Explosives Rules, 2008 besides being violative of Article 14, 19(1 )(g) and 21 of Constitution of India and consequently direct the Respondent No.2 herein to grant No Objection Certificate (NOC) to the petitioner for installing the explosive magazine for storage of explosives and for Blasting operations at Sy. No. 398/2 in Alathuru >^age, B.N. Kandriga Mandal, Tirupati District by considering the petitioner's representation dated ’ 21.04.2025 and 23.09.2024, Report submitted by Respondent No. 4 dated 28.0^2023, Report submitted by Respondent No. 5 dated 18.07.2023 and Report submitted by Respondent No. 6 dated 08.04.2024.
- - lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to consider the petitioner's representation dated 21.04.2025 and 23.09:2024, Report submitted by Respondent No. 4 dated 28.0S^2023, Report submitted by Respondent No. 5 dated 18.07.2023 and Report submitted by Respondent No. 6 dated 08.0411^024 for the grant of No Objection Certificate (NOC) to the petitioner for installing the explosive magazine for storage of explosives
0 and for Blasting operations at Sy. No. 398/2 in Alathuru Village, B.N. Kandriga Mandal, Tirupati District. Counsel for the Petitioner(s):SRI. P JAGADISH CHANDRA PRASAD Counsel for the Respondents: Gp FOR HOME Counsel for the Respondents: GP FOR REVENUE^ The Court made the following:
APHC010261542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0 [3329] / FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13211/2025 Between: M/s. Karthikeya Enterprises, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.P JAGADISH CHANDRA PRASAD Counsel for the Respondent{S):
1.GP FOR HOME 2.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13211/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No. 2 in considering the petitioner’s representation dated 21.04.2025 and 23.09.2024, Report submitted by Respondent No. 4 dated 28.08.2023, Report submitted by Respondent No. 5 dated 18.07.2023 and Report submitted by Respondent No. 6 dated 08.04.2024 for the grant of No Objection Certificate (NOC) to the petitioner for installing the explosive magazine for storage of explosives and for Blasting operations at Sy. No. 398/2 in Aiathuru Village, B.N. Kandnga Mandal, Tirupati District as being illegal, arbitrary, Irrational, contrary to the Explosives Rules, 2008 besides being violative of Article 14, 19(1)(g) and 21 of Constitution of India and conseguently direct the Respondent No. 2 herein to grant No Cbjection Certificate (NCC) to the petitioner for installing the explosive magazine for storage of explosives and for Blasting operations at Sy.No.398/2 in Aiathuru Village, B.N. Kandriga Mandal, Tirupati District by considering the petitioners representation dated 21.04.2025 and 23.09.2024, Report submitted by Respondent No. 4 dated 28.08.2023, Report submitted by Respondent No.5 dated 18.07.2023 and Report submitted by Respondent No. 6 dated 08.04.2024 and pass such other
order. ”
2. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents.
3. Though the petitioner made several allegations against the respondents, during hearing,
learned counsel for the petitioner requested this Court, without touching the merits of the case, to
3 issue a direction to the respondents to dispose of the representation dated 21.04.2025 filed by the petitioner.
4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representation dated 21.04.2025, if any pending with the respondents.
5. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the
judgment of the Apex Court in The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 21.04.2025, this Court find no other alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representation dated 21.04.2025 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of four(4) months from the date of receipt of a copy of this order. There shall be
order as to costs. no 2019(8) SCALE 544
4 As a sequel misceiianeous application, pending, if any, shall also stand closed.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Reven'ue Department Pradesh, Secretariat Buildings, Amaravathi, District, A.P.[By Special Messenger]
2. The Director Collector, Tirupati District, Tirupati.
3. The Joint Collector, Tirupati District, Tirupati.
4. The Superintendent of Police, Tirupati District, Tirup^
5. The District Disaster Response and Fire Tirupati.
6. The Revenue Divisional Officer, Sullurpeta Rev'^iue Division District.[2 TO 6 by RPAD] TfOne CC to SRI. P JAGADISH CHANDRA PRASAD Advocate [OPUC]
8. TwoCCsto GP FOR REVENUE ,High Court Of Andhra [OUT]
9. TwoCCsto GP FOR HOME ,High^rtOfAndhra Pradesh. [OUT]
10. Three CD Copies State of Andhra Thullur Mandal, Guntur Officer, Tirupati District Tirupati / v./ Pradesh.
% - HIGH COURT DATED:09/05/2025
ORDER g s JIJI 2075 M Current Section WP.No.13211 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS