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High Court of Andhra Pradesh · body

2025 DAILYLAW 21647 (AP)

K V S K SRIMANNARAYANA v. UNION OF INDIA

WP/20260/2020 · 2025-09-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010446682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22778/2024 Between: 1. SRI KURETI V S K SRIMANNARAYANA, S/O VEMLATESWARARAP(L) AGED 52 YRS OCC. BUSINESS, MANAGING PARTNER OF SIVA FIRE WORKS, D.NO.25-122 (OLD) 12- L-35/6( NEW) SURVEY NO.72/3 KANITHI ROAD NEW GAJUWAKA, VISAKHAPATNAM.26 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER OF POLICE CUM ADDITIONAL DISTRICT MAGISTRATE, COMMISSIONERATE OFFICE, SURYABAGH, VISAKHAPATNAM. 3. THE DEPUTY COMMISSIONER OF POLICE D C P, OFFICE, VISAKHAPATNAM (SOUTH), VISAKHAPATNAM. 4. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, VISAKHAPATNAM (SOUTH) DIVISION VISAKHAPATNAM. ...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 to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent Police Interferring into the Petitioners Peaceful running of his Fire Works Shop in the name and style of Siva Fire Works since 1990 Continuously and Uninterputdely inspite of Order passed in I.A.No.2/2020 in W.P.No.20260/2020 of this Hon'ble Court is pending and the petitioner is time to time issuing a Representations about the pending of the order and paying every year all the taxes like Muncipal Trade License, G.S.T.,etc.,inspite of the same interferring without any reason nor issuance of notice nor following the due process of law , all are illegal. Unlawful , Violation of Principles of Natural Justice, Violaiton of Article 14,19 of the Constitution of India Consequently to direct the respondents 2 not to interfere into the petitioners Lawful business activities except under the due process of law in the interest of the justice, and to pass Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME APHC010306162020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20260/2020 Between: 1. K V S K SRIMANNARAYANA, A ...PETITIONER AND 1. UNION OF INDIA, ...RESPONDENT 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 Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent: 1. 3 The Court made the following: COMMON ORDER: Since the issue involved and parties to these Writ Petitions are one and the same, these Writ Petitions are being disposed of by this common order. WP No.20260 of 2020 The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for a direction to respondent No.3 to renewal of licence to the Petitioner’s shop. Heard Sri R.Siva Sai Swarup, learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that a direction may be given to the respondent authorities to reconsider the request of the Petitioner for renewal of licence of the Petitioner’s shop in the light of the order dated 12.12.2019 passed in WP No.19705 of 2019. Learned Assistant Government Pleader would submit that this Court may pass appropriate orders. In that view, it is apposite to direct respondent authorities to reconsider the request of the Petitioner for renewal of licence of the Petitioner’s shop in the light of the order dated 12.12.2019 passed in WP No.19705 of 2019 and take an appropriate decision according to the governing rules and law by giving an opportunity of hearing the Petitioner. 4 Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. WP No. 22778 of 2024 The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “....to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent Police Interfering into the Petitioners Peaceful running of his Fire Works Shop in the name and style of Siva Fire Works since 1990 Continuously and uninterruptedly in spite of Order passed in I.A.No.2/2020 in W.P.No.20260/2020 of this Hon'ble Court is pending and the petitioner is time to time issuing a Representations about the pending of the order and paying every year all the taxes like Municipal Trade License, G.S.T., etc., in spite of the same interfering without any reason nor issuance of notice nor following the due process of law, all are illegal, unlawful, Violation of Principles of Natural Justice, Violation of Articles 14,19 of the Constitution of India Consequently, to direct the respondents not to interfere into the petitioners Lawful business activities except under the due process of law in the interest of the justice, and to pass....” Learned counsel for the Petitioner would submit that in the light of the order passed in WP No.20260 of 2020, no further orders are necessary in this Writ Petition. Learned Assistant Government Pleader for Home is in attendance. In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition Nos.20260 of 2020 & 22778 of 2024 08.09.2025 Mjl /*