4. •. APHC010358982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*0 0 FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18162 OF 2025 j -/ SsT'./ \\ r':f 4'. # \\ j:'. *r Between: Sri Avala Venkata Durga Sankar Prasad, Proprietor of M/s. Vijaya Durga Chemicals S/o.Durgarao, Aged 65 years, R/o. D.No.1-4-186,AmmaNilayam near nandini car wash, RTC Work Shop Road, Vijayawada, Krishna District. ...Petitioner 1 .. i ■4 e AND of Andhra Pradesh, Rep by its Principal Secretary, Department Administration and Urban Development Secretariat Building, 1. The State of Municipal Velagapudi, Amaravathi, Guntur. 2. The District Collector, Krishna District. j Krishna 3. The Vijayawada Municipal Corporation, Rep.by. Commissioner 1 District. ...Respondents 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 an appropriate Writ Order or direction more particularly one of the nature of Writ of Mandamus declaring the Notice dated 02-07-2025 and consequential action of the Respondent in sealing the business of the 3-1-220/16E, Laxmi Nagar, Vijayawada pending Respondent as bad illegal, arbitrary. the Petitioner in D.NO. rd finalisation of permission from 3 contrary to A.P. Municipal Corporation Act, 1994, unjust and improper I V t 7 against the Article 14, 19 and 21 of same and constitution of India and set aside the consequently direct the respondents not to interfere with the business of the Petitioner pending finalisation of permission from Respondent. lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3™ Respondent to release praying that in the circumstances stated the stocks to the Petitioner in - District. D.NO. 3-1-220/16E, Laxmi Nagar, Vijayawada, Krishna lA NO: 2 OF 7091^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the 3'*^ Respondent to consider the Online praying that in the circumstances stated to tapal acknowledgment dated issuance of trade license with respect to premises of the Petitioner in D.NO. 3-1- 220/16E, Laxmi 24-06-2025 for i Nagar, Vijayawada, Krishna District. Counsel for the Petitioner: A/l/s. SODUM ANVESHA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND . r X. URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR REVENUE Counsel for the Respondent No.3 : SRI S.V.S.S. SIVARAM, SC FOR MUNICIPALITY The Court made the following order: APHC010358982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18162/2025 Between: 1.AVALAVENKATA DURGA SANKAR PRASAD, PROPRIETOR OF M/S VIJAYADURGA CHEMICALS S/O.DURGARAO,AGED65 YEARS, RIO D.N0.1-4-186,AMMANILAYAM, NEAR NANDINI CAR WASH, RTC WORK SHOP ROAD,VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE DISTRICT COLLECTOR, KRISHNADISTRICT. 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, KRISHNADISTRICT. SECRETARIAT BUILDING, ...RESPONDENT(S): Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP 7/ 2 The Court made the following: Order: The learned counsel for the petitioner submits that the petitioner is running a chemical godown, which has been in operation for the last 40 years. It is submitted that the 3 premises on the ground that residential houses have time. respondent has issued notices for eviction of the come up over a period of 2. It is submitted that the petitioner was also in the process of identifying an alternate location for shifting the godown. However, the 3'“ respondent sealed the premises on 11.07.2025, and the petitioner’s request for some time was also rejected. It is further submitted that the petitioner now intends to remove the stock and other movable items from the that leaving the stock unattended resulting in undesired events. premises. It is submitted may cause a chemical reaction, potentially 3. Heard the learned counsel appearing for the petitioner, the learned Assistant Government Pleader appearing for the respondent No.1, the learned Assistant Government Pleader for Revenue No.2 and the learned Standing Counsel appearing for the 3 appearing for the respondent rd respondent. 4. The learned counsel for the petitioner submits that the denied permission to continue the godown statutory safeguards for safely conducting the business there, that, in the event the petitioner is able to secure the requisite permissions and petitioner was on account of lack of some It is submitted put in place the safeguards as advised by the competent authority, the may be considered on the petitioner submitting a fresh application to the 3 respondent. On such application, the respondent shall consider the in accordance with law. same k same 5. Considering the submissions, this Court is inclined to dispose off the writ petition directing the 3'^^ respondent to permit the petitioner to vacate the godown and remove the stock, other movable articles, from the godown. The petitioner shall vacate the godown stock, other movable articles, and furniture within a period of two (02) weeks from the date of receipt of a copy of this order. This order shall not preclude the petitioner from staying on the property. and furniture, if any. and remove the 6. Accordingly, this Writ Petition is disposed off. No costs. As a sequel, miscellaneous petitions pending, if any. shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// To, 1. The Principal Secretary. Department of Municipal. Urban Development, State of Andhra Velagapudi, Amaravathi, Guntur. 2. The District Collector, Krishna District. 3. The Commissioner. Vijayawada Municipal Corporation, Krishna District. 4. One CC to M/s. Sodum Anvesha, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh 6. Two CCs to GP for Municipal Admn and Urban Development Andhra Pradesh at Amaravati [OPUC] 7. One CC to Sri S.V.S.S. Sivaram, SC for Municipality (OPUC) 8. Two CD Copies Cnr Administration and Pradesh, Secretariat Building, [OUT] , High Court of HIGH COURT DATED:18/07/2025 ORDER WP NO. 18162 OF 2025 ^3 0 JUL 2025 ^V^gjirrent Sectjoflx^y DISPOSING OF THE W.P. WITHOUT COSTS