APHC010333912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17176/2024 Between: J Pulla Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. N ASWARTHA NARAYANA 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd respondent in renewing the impugned trade license vide ROC.No.02444-2024-KT, dated 26.03.2024 which was granted earlier vide impugned Roc.No.05972-2023- TK, dated 01.12.2023 in favour of the unofficial respondent No.4 is contrary to the endorsements made vide Roc.No.1827/2023/F2, dated 16.10.2023 is illegal, arbitrary and violation of Articles 14, 19 and 21 of the Constitution of India and hence the impugned trade license renewal is liable to be setaside and consequently direct the respondent authorities to cancel the trade license issued in favour of the 4th respondent vide proceedings ROC.No.02444-2024- KT, dated 26.03.2024 in view of the proceedings vide Roc.No.1827/2023/F2, dated 20.07.2024 of the 2nd respondent as per proceedings vide Rc.No.164/2024/C, dated 09.07.2024 and to pass….” 2. Heard learned counsel for the petitioners and learned counsel appearing for the respondents. 3. Today, when the matter came up for hearing, learned Standing Counsel furnished a copy of instructions of the Commissioner, Hindupur Municipality, wherein it is stated that the unofficial respondent i.e. respondent No.4 was granted the license for the year 2024-25 on 26.03.2024, with condition that if there are any encroachments, the license will be deemed to be cancelled. Accordingly, a survey was conducted by the Tahsildar, Hindupur on 09.07.2024 on the request made by the respondent No.4 herein. The Tahsildar, Hindupur has submitted a survey report duly certifying that the unofficial respondent has encroached the said Gokul Bar & Restaurant 3 building for an extent of 4 feet in Easter portion and an extent of 6 feet on the western side. But however, as the lease period was already completed by that time, the respondents could not initiate any action as against the unofficial respondent herein. It is further stated that the respondent No.4 herein has paid an amount of Rs.12,000/- through online on 09.01.2025 for renewal of the license of the Gokul Bar & Restaurant situated at D.No.1-3-5/1, Penukonda Road. But however, the grant of license in favour of respondent No.4 was rejected on 27.01.2025 on the ground that he has encroached the road basing on the survey report submitted by the Tahsildar. 4. Recording the same, this Court is of the opinion that no further cause survives in the present writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 29.01.2025 SCS 4 261 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17176/2024 DATE: 29.01.2025 SCS