APHC010363862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18575 OF 2025 SMS 0^' Between: Mulla Mahammad Siraj, S/o Mahammad Hussain, Aged about 36 years, Occ: Business, R/o. Door No.6-6-10, Sardar Sing Street, Ailagadda Town and Mandai, Nandyal District, Erstwhiie Kurnooi District. ...Petitioner AND 1. The State of Andhra Pradesh, Municipal Administration Rep., by its Principal Secretary, and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nandyal, Nandyal District. District, Erstwhile Kurnooi 3. The Ailagadda Muncipality, Rep., by Nandyal District, Erstwhile Kurnooi District. its Commissioner, AHagadda 4. Kishore, S/o Not know to the Petitioner, Occ: Municipal Commissioner Ailagadda, Nandyal District, Erstwhile Kurnooi District. 5. The Sanitary Inspector, Ailagadda Muncipality. Ailagadda, Nandyal District Erstwhile Kurnooi District. 6. Bala Swamy, S/o Not Known to the Petitioner Occ; Sanitary Inspector, Ailagadda Municipality, Ailagadda, Nandyal District, Erstwhile Kurnooi District. ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of without considering the petitioner representations 20.06.2025 is going to close the the High Court may be the 2nd and 3rd respondent dated 11-06-2025 and petitioner shop situated at H.No 5-10-5 Mount road, Allagadda Town unconstitutional against the principles of natural justice, apart from being voilative of fundamental rights guaranteed to the Nandyal District is illegal, arbitrary petitioner under Articles 14,19,21 and 300 -A of the constitution of India and consequently direct the 3rd respondent to give Trade License to the petitioner business the petitioner Application No.00529-2025-WP by considering dated 22.01.2025, further directed not to take any action / coercive steps against the petitioner small business which is running in the iron sheets shed situated at H.No Mount road, Allagadda Town. Nandyal District. 5-10-5. lA NO: 1 OF 9n9fi Petition under Section 151 CPC in the affidavit filed in support of the petition, the High grant stay ail further proceedings Vide 09-06-2025 also Endorsement No. R.O.C issued by the 3rd respondent pending disposal of the praying that in the circumstances stated Court may be pleased to notices dated 10-01-2025 and NO.436/F1/2024, dated 19-06-2025 ' writ petition. Counsel for the Petitioner: SRI RAMESH N Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.1: GP FOR MUNCIPAL URBAN DEV ADMN AND Counsel for the Respondent No.3: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 4 to 6: The Court made the following order: 0^' APHC010363862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18575/2025 Between: 1.MULLA MAHAMMAD SIRAJ, S/0 MAHAMMAD HUSSAIN AGED ABOUT 36 YEARS, OCC BUSINESS, R/0. DOOR NO.6-6-10, SARDAR SING STREET, ALLAGADDA TOWN AND MANDAI, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. DEVELOPMENT VELAGAPUDI, 2.THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT ERSTWHILE KURNOOL DISTRICT. 3.THE ALLAGADDA MUNCIPALITY, REP., BY ITS COMMISSIONER, ALLAGADDA, NANDYAL DISTRICT DISTRICT. ERSTWHILE KURNOOL 4.KISHORE, S/0 NOT KNOW TO THE PETITIONER OCC MUNICIPAL COMMISSIONER ALLAGADDA, NANDYAL DISTRICT, ERSTWHILE KORNOOL DISTRICT. 5.THE SANITARY INSPECTOR, , ALLAGADDA, NANDYAL DISTRICT DISTRICT. ALLAGADDA MUNCIPALITY, ERSTWHILE KURNOOL n 2 6.BALA SWAMY, S/0 NOT KNOWN TO THE PETITIONER OCC SANITARY INSPECTOR, ALLAGADDA MUNICIPALITY, ALLAGADDA, NANDYAL DISTRICT, ERSTWHILE KURNOOL 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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 2nd and 3rd respondent without considering the petitioner representations dated 11-06- 2025 and 20.06.2025 is going to close the petitioner shop situated at H.No 5- 10-5, Mount road, Allagadda Town, Nandyal District is illegal, arbitrary, unconstitutional against the principles of natural justice, apart from being voilative of fundamental rights guaranteed to the petitioner under article 14,19,21 and 300 -A of the constitution of India and consequently direct the 3rd respondent to give Trade License to the petitioner business by considering the petnioner Application No.00529-2025-WP, dated 22.01.2025, further directed not to take any action / coercive steps against the petitioner small business which is running in the iron sheets shed situated at H.No 5- 10-5, Mount road, Allagadda Town, Nandyal District and pass lA 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 pleased to grant stay all further proceedings Vide notices dated 10-01-2025 and 09-06-2025 also Endorsement No. R.O.C No.436/F 1/2024, dated 19-06- 2025 issued by the 3rd respondent pending disposal of the writ petition and pass Counsel for the Petitioner: 1.RAMESH N Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GPMUNCIPAL ADMN AND URBAN DEVAP 3 m) The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the denial of trade license for Cool drink-cum-Tea-cum-Pan shop and applied for trade license online on 22.01.2025. The 3'^^ respondent had issued endorsement dated 19.06.2025 informing the petitioner that the petitioner has deviated from the sanctioned plan, and as such, a charge sheet was filed before the Magistrate Court against the petitioner, and it was stated that, pending the case, trade license shall not be granted to the petitioner. Learned counsel for the petitioner submits that the petitioner is running a shop by erecting temporary shop, which can be dismantled at any point of time, as such submits that there cannot be any case of deviation from the sanctioned plan. It is also submitted that the 3'“'^ respondent had issued a notice dated 10.01.2025, duly calling upon the petitioner to close down the shop as he had not obtained the requisite trade license. Learned Standing Counsel appearing for the 3^^ respondent submits that the petitioner cannot run a shop without obtaining the requisite trade license and on account of deviations from the sanctioned plan, a charge sheet is filed against the petitioner before the Court. 2. 3. Considering the submissions of the learned counsel for the petitioner and the learned Standing Counsel for the 3'^'^ respondent, the grant of trade license to the petitioner and deviation of the sanctioned plan are two different issues. Therefore, the 3'"'^ respondent is at liberty to take action in accordance with law for any deviations committed by the petitioner. At the 4. same time, it is left open for the petitioner to submit a fresh application for grant of trade license. Upon such submission, the 3'"' respondent shall duly consider the application and grant the trade license, if the petitioner submits the requisite documents and pays the requisite fee. It is made clear that the entire exercise shall be completed within a period of four (04) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 5. 6. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Development Department, Amaravathi, Guntur District. 2. The District Collector, District. 3. The Commissioner, Allagadda Muncipality, Allagadda, Nandyal District Erstwhile Kurnool District. Municipal Administration Secretariat and Urban Buildings, Velagapudi, Nandyal, Nandyal District, Erstwhile Kurnool 4. The Sanitary Inspector, Allagadda District Erstwhile Kurnool District. Muncipality, Allagadda, Nandyal 5. One CC to Sri Ramesh N, Advocate [OPUC] 6. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 7. Two CCs to GP for Revenue, I 8. Two CCs to GP for Muncipal Andhra Pradesh [OUT] 9. Two CD Copies High Court of Andhra Pradesh [OUT] I Admn and Urban Dev, High Court of TF HIGH COURT DATED:22/07/2025 5 31 M m ^ Curreni section . ^ ^^^SPATCHeSJJ^ ORDER WP NO. 18575 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS