PENTA VENKATA SAI KOUSHIK v. The State of Andhra Pradesh,
WP/18684/2025 · 2026-06-22
Ravi Cheemalapati
body2025
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[ 2025 DAILYLAW 2064 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2064 (AP) · dailylaw.ai ]
Judgment text
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Date of reserved for orders Date of pronouncement Date of uploading
APHC010366142025
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18684/2025 Between:
1. PENTA VENKATA SAI KOUSHIK, S/O. P. TRINADH, AGED 28 YEARS, R/O. D.NO.78 STREET,
NEAR SWAMY VIDYALAYA HOSPITAL, RAJAMAHENDRAVARAM, SYAMALA NAGAR, EAST GODAVARI DISTRICT. 2. NALLAMOLU NARENDRA,, S/O. RAMANJANEYULU AGED 38 YEARS, R/O. D.NO.54 ROAD, RAJAHMUNDRY, EAST GODAVARI DIST
3. PINNAMAREDDY SUBRAMANYAM,, S/O. P. VENKATA RAO, AGED 45 YEARS, R/O. D.NO.3 VINAYAKA TEMPLE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. SANABOINA SATYANARAYANA,, S/O. SUBBARAO, AGED 68 YEARS, R/O. D.NO.64 SIVALAYAM, QUARY MARKET CENTRE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 1 Neutral Citation:__________ Date of reserved for orders : ----
: 23.06.2026
: 25.06.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18684/2025 PENTA VENKATA SAI KOUSHIK, S/O. P. TRINADH, AGED 28 YEARS, R/O. D.NO.78-13-6, BRUNDAVANAM RESTAURANT STREET,
NEAR SWAMY VIDYALAYA HOSPITAL, RAJAMAHENDRAVARAM, SYAMALA NAGAR, EAST GODAVARI NALLAMOLU NARENDRA,, S/O. RAMANJANEYULU AGED 38 YEARS, R/O. D.NO.54-7-10, SHEELA NAGAR, AV APPA RAO ROAD, RAJAHMUNDRY, EAST GODAVARI DISTRICT. PINNAMAREDDY SUBRAMANYAM,, S/O. P. VENKATA RAO, AGED 45 YEARS, R/O. D.NO.3-151, RAYUDUPAKALA ROAD, NEAR VINAYAKA TEMPLE, RAJAMAHENDRAVARAM, EAST GODAVARI SANABOINA SATYANARAYANA,, S/O. SUBBARAO, AGED 68 YEARS, R/O. D.NO.64-35-2/1, SUBBARAO NAGAR, NEAR SIVALAYAM, QUARY MARKET CENTRE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. RC,J W.P.No.18684 of 2025 Neutral Citation:__________ IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY THIRD DAY OF JUNE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PENTA VENKATA SAI KOUSHIK, S/O. P. TRINADH, AGED 28 RESTAURANT STREET,
NEAR SWAMY VIDYALAYA HOSPITAL, RAJAMAHENDRAVARAM, SYAMALA NAGAR, EAST GODAVARI NALLAMOLU NARENDRA,, S/O. RAMANJANEYULU AGED 38 10, SHEELA NAGAR, AV APPA RAO RICT. PINNAMAREDDY SUBRAMANYAM,, S/O. P. VENKATA RAO, AGED 151, RAYUDUPAKALA ROAD, NEAR VINAYAKA TEMPLE, RAJAMAHENDRAVARAM, EAST GODAVARI SANABOINA SATYANARAYANA,, S/O. SUBBARAO, AGED 68 2/1, SUBBARAO NAGAR, NEAR SIVALAYAM, QUARY MARKET CENTRE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. RC,J W.P.No.18684 of 2025 2
5. KOTHAPALLI BALA SUBRAHMANYAM,, S/O. (LATE) K.
SATYANARAYANA, AGED 55 YEARS, R/O. D.NO.80-4-10, KANCHANA HEIGHTS, SAI NAGAR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 6. AKULA SYAM BABU,, S/O. BHASKARA RAO AGED 47 YEARS, R/O.
D.NO.79-18-1/1, OMKAR STREET, NAVEEN TRAVELS, SYAMALA NAGAR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 7.
GANDHAM DHUSYANTHA KUMAR,, S/O. SRINIVASA RAO, AGED 30 YEARS, R/O. D.NO.60-6-10/1, P AND T COLONY, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 8. VAKALAPUDI BALA NARESH,, S/O. (LATE) TATARAO, AGED 37 YEARS,
R/O. D.NO.71-5-32, BATHINA NAGAR, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT. 9. POTHULA VENKATA GANESH KUMAR,, S/O. SUBBARAO, AGED 40 YEARS,
R/O. D.NO.35-6-14, POTULA VARI STREET, MANGALAVARAPUPETA, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 10. ADABALA VEERAKRISHNA,, S/O. NAGESWARA RAO AGED 37 YEARS, R/O. D.NO.2-60, NEAR PANCHAYATI, PEDAPUDI, ATCHUTAPURATRAYAM, EAST GODAVARI DISTRICT. 11. MEDDAPATI RAJA RAMESH REDDY,, S/O. VEERA RAGHAVA REDDY, AGED 50 YEARS, R/O. D.NO.57-2-2/1, MALLIKHARJUNA NAGAR, KORUKONDA ROAD, OPP CTRI BACKSIDE GATE, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 12. GUTTULA SUBBA LAKSHMI,, W/O. SESHAGIRI RAO, AGED 52 YEARS, R/O. D.NO. 10-205, SUBRAHMANYAM SWAMI TEMPLE STREET, VEMAGIRI VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P.
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
RC,J W.P.No.18684 of 2025 3
DISTRICT. 2. THE COMMISSIONER AND DIRECTOR, PROHIBITION AND EXCISE,
EXCISE COMPLEX, R.S.NO.88-2B,
SAI VIHAR APARTMENTS, POULTRY FARM ROAD PRASADAMPADU (V), VIJAYAWADA-521108. 3. THE DISTRICT PROHIBITION AND EXCISE OFFICER, LICENSING AUTHORITY, RAJAMAHENDRAVARAM,
EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE RAJAMAHENDRAVARAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER,
RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.
...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus by declaring the action of the Respondents 1 to 3 in fixing the Retail Excise Tax (RET) at Rs.85,00,000/- for the year 2024-2025 and Rs.93,50,000/- for the year 2025-2026 in respect of the Shops in Gazette SI.Nos.EG-23, EG-4, EG-10, EG-15, EG- 25, EG-28, EG-13, EG-09, EG-24, EG-11, EG-03 and EG-02 in the Notification published by the way of Errata in Gazete No.75
dated 01-10-2024 in Rajamahendravaram Urban Area by taking into consideration of the population of the Rajamahendravaram Municipal Corporation as above 5 lakhs by including the villages to be merged in the Rajamahendravaram Municipal Corporation as highly arbitrary, illegal, colorable exercise of power and contrary to law and consequently direct the Respondents 1 to 3 to fix the Retail Excise Tax by taking into consideration of the actual population of Rajamahendravaram as per 2011 census i.e., 3,41,831 into consideration and adjust the Retail Excise Tax paid in respect of our respective Shops by treating the Retail Excise Tax for the year 2024-2025 as Rs.65,00,000/- and Rs.71,50,000/- for the year 2025-2026 as per 2011 population census and to pass such IA 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 may be pleased to direct the respondents 1 to 3 to re-fix the Retail Excise
RC,J W.P.No.18684 of 2025 4
Tax in respect of Shop Nos.
EG-23, EG-4, EG-10, EG-15, EG-25, EG-28, EG-13, EG-09, EG-24, EG-11, EG-03 and EG-02 by taking into consideration of population of Rajamahendravaram as less than 5 lakhs pending disposal of the above writ petition and pass such IA NO: 1 OF 2026 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 may be pleased to grant leave to the Respondents to file Counter Affidavit and to pass Counsel for the Petitioner(S):
1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S):
1. GP FOR PROHIBITION The Court made the following:
RC,J W.P.No.18684 of 2025 5
ORDER
Sri Ramesh Babu T., learned counsel, representing Sri Ginjupalli Subba Rao, learned counsel for the petitioners, submitted that cause this writ petition no longer survives and the writ petition has become infructuous. 2. In view the above submission, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI RR 23rd June, 2026. RR Whether the order is Speaking
Reasoned
Reportable
Non-reportable