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2025 DAILYLAW 25894 (AP)

SHAIK MALIK v. The State of Andhra Pradesh

WP/18482/2025 · 2025-07-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC01036S112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18482 OF 2025 Between: Shaik Malik, S/o Shaik Subhani, Aged about 34 years, Occ. Business Resident of D.No.2-4-8, Mollavari Street, 4th Ward, PonnurTown and Mandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Municipal Administration and Urban Development (MA and UD), Secretariat Buildings, Velagapudi, Amaravathi. 2. The Ponnur Municipality, Rep. by its Commissioner, Ponnur Guntur 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent trying to obstruct and interfere with the day to day business of the petitioner in selling the Chicken and Mutton through Lease and Agreement entered with the 2nd respondent Municipality with Lessee ID No.LA-21-10250341 81 w running since March, 2021 in Shop No. 13,Asset Code 020548, Mutton Market Stalls, Ponnur Town, Guntur District and subsequent Trade License bearing License Roc.No.01527-2023-\/W, dated 21-03-2023 is illegal, arbitrary, highhanded and unconstitutional and also violation of principles of natural justice and consequently direct the 2nd respondent not to obstruct and interfere with the petitioner's business 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 to direct the 2nd respondent to consider and grant the Trade License Mutton along with Chicken in Shop bearing D.No. 15-3-2/a, GBC road. Ward No.19, Santhi Nagar, Guntur Bapatia road, Ponnur Town and Mandal, Guntur District by further directing 2nd respondent not to interfere with the day to day business of the petitioner, pending disposal of the Writ petition before this Honourable court Counsel for the Petitioner: SRI VALLEPU JAGADEESH Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV to sell AP The Court made the following order: APHC010365112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY.THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18482/2025 Between: 1.SHAIK MALIK, S/0 SHAIK SUBHANI, AGED ABOUT 34 YEARS,OCC. BUSINESS RESIDENT OF D.N0.2-4-8,M0LLAVARI STREET, 4TH WARD,PONNUR TOWN AND MANDAL,GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL ADMINISTRATION UD),SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. AND URBAN DEVELOPMENT (MA AND 2.THE PONNUR MUNICIPALITY, REP. BY ITS COMMISSIONER PONNUR GUNTUR 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent trying to obstruct and interfer with the day to day business of the petitioner in selling the Chicken and Mutton through Lease and Agreement entered with the 2nd respondent Municipality with Lessee ID No.LA-21-10250341 81 running since March, 2021 in Shop.No. 13,Asset Code 020548, Mutton Market Stalls, Ponnur Town, Guntur District and subsequent Trade License bearing License Roc.No.01527-2023-VW, dated 21-03-2023 is illegal, arbitrary, highhanded and unconstitutional and also violation of principles of 2 natural justice and consequently direct the 2nd respondent not to obstruct and interfere with the petitioner's business 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 direct the 2nd respondent to consider and grant the Trade License to sell Mutton along with Chicken in Shop bearing D.No. 15-3-2/a, GBC road. Ward No. 19, Santhi Nagar, Guntur Bapatia road, Ponnur Town and Mandal, Guntur District by further directing 2nd respondent not to interfere with the day to day business of the petitioner, pending disposal of the Writ petition before this Honourable court and pass Counsel for the Petitioner: 1.VALLEPU JAGADEESH Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the denial of trade license for selling chicken and mutton from the shop which is taken on lease by the petitioner. It is submitted that the petitioner has been running a shop selling chicken since 2021 and sought permission from the 2"^^ respondent for selling mutton. As the 2'^'^ respondent was not considering his request for grant of trade license for selling mutton, the petitioner filed Writ Petition No.8633 of 2025. This Court disposed of the said Writ Petition on 04.04.2025, directing the petitioner to furnish the documents as required by the respondent authorities, and on receipt of such documents, the respondent authorities shall examine the same and pass the necessary orders. Learned Standing Counsel appearing for the 2"'^ respondent submits that the petitioner has submitted a representation through registered 2. post without furnishing any documents as required. It is submitted that the petitioner had submitted no objection certificates from third parties who are unconnected with the property. The Sanitary Inspector, on his inspection, has found that there is no running water supply to the premises, and for running a mutton shop, a running water supply line is essential for the shop. That apart. the petitioner would have to submit NOC from the landlord. The endorsement of the Sanitary Inspector dated 15.05.2025 would have to be complied with. 3. In this regard, this Court is of the considered view that the Writ Petition can be disposed of, directing the petitioner to furnish the required documents and submit an appropriate expianation to the endorsement of the Sanitary inspector dated 15.05.2025, and submit a fresh appiication to the 2 respondent. On receipt of the said representation, the 2"" respondent shaii duiy consider it and pass appropriate proceedings within a period of four (04) weeks from the date of receipt of representation. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. nd Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary to Government, State of Andhra Departrnent of Municipal Administration and Urban Development (MA UD), Secretariat Buildings, Velagapudi, Amaravathi. ■ The Commissioner, Ponnur Municipality, Ponnur Guntur District 3. One CC to SRI VALLEPU JAGADEESH 4. One CC to SRI GP MUNCIPAL [OPUC] 5. Two CD Copies Pradesh, Advocate [OPUCJ ADMN AND URBAN DEV AP Advocate gsg HIGH COURT DATED: 21/07/2025 ORDER WP NO. 18482 OF 2025 disposing the WP WITHOUT COSTS