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2025 DAILYLAW 23572 (AP)

Gella Suresh v. The State of Andhra Pradesh

WP/21712/2021 · 2025-09-16

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010332582021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21712/2021 Between: 1. GELLA SURESH,, S/O. BABU RAO, HINDU, MALE, AGED 32 YEARS, PAN SHOP BUSINESS, BESIDE PENSION OFFICE, R/O. SRI KRISHNA CHAITANYA NAGAR, D.NO.8-10-33/2, KOVVUR, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTSRICT, ELURU. 3. THE STATION HOUSE OFFICER/INSPECTOR OF POLICE, KOVVUR TOWN POLICE STATION, KOVVUR, WEST GODAVARI DISTRICT. 4. STATION HOUSE OFFICER, KOVVUR RURAL POLICE STATION, KOVVUR, WEST GODAVARI DISTRICT. 5. SUNIL KUMAR, S/O. NOT KNOWN, HINDU, MALE, AGE 43 YEARS, STATION HOUSE OFFICER, KOVVUR TOWN POLICE STATION, KOVVUR, WEST 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 2 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in insisting to vacate from the pan shop/kiosk established in the open place in an extent of 15 sq.yds of site in R.S.NO. 653 of Kovvur Municipality adjacent to pension office, opposite to the Kovvur Rural Police Station, Kovvur Town, in the name and Style of ' Suresh Pan Shop' without following due process of law is illegal, irregular, arbitrary and in violation of the provisions of the Settle Principles of law and Criminal Procedure Code and also offends Articles 14, 21 and 300 A of constitution of India and consequently direct the respondents 3 and 4 not to interfere with the petitioner's pan shop business and premises and pass IA NO: 1 OF 2021 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 pleased to direct the Respondents 3 not to insist the Petitioner to vacate the from his pan shop in an extent of 15 sq.yds in R.S.No.653 of Kovvur Municipalities, adjacent to the Pension Office, Opposite to the Rural Police Station, Kovvur and not to interfere into his pan shop business, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in insisting to vacate from the pan shop/kiosk established in the open place in an extent of 15 sq.yds of site in R.S.NO.653 of Kovvur Municipality adjacent to pension office, opposite to the Kovvur Rural Police Station, Kovvur Town, in the name and Style of “Suresh Pan Shop” without following due process of law is illegal, irregular, arbitrary and in violation of the provisions of the Settle Principles of law and Criminal Procedure Code and also offends Articles 14, 21 and 300 A of constitution of India and consequently direct the respondents 3 and 4 not to interfere with the petitioner’s pan shop business and premises and pass...…” 2. Heard Sri Mangena Sree Rama Rao, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.09.2025 SNI 4 162 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21712/2021 Dt.17.09.2025 SNI