1 APHC010383142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19676/2025 Between: 1. SUDULAKUNTA PAVAN KUMAR,, S/O. SUDULAKUNTA KRISTAPPA AGED ABOUT 29 YEARS, R/O. D.NO.6-5-632-5, ANDHRA BANK COLONY, ANANTHAPUR 515001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, ANANTHAPURAM DISTRICT, A.P. 3. THE DEPUTY SUPERINTENDENT OF POLICE, RAPTADU SUB DIVISIONAL OFFICE, ANANTHAPURAMU, A.P 4. THE CIRCLEINSPECTOR C L, RAPTADU POLICE STATION, ANANTHAPURAM, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. 5. THE SUBINSPECTOR OF POLICE, RAPTADU POLICE STATION, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. ...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 pass an order or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring that the action of Respondent Nos. 4 and 5 herein in interfering with the day to day affairs and running of the Petitioners Restaurant i.e., Hyderabad Chefs Restaurant situated at Sy.No.35/1A admeasuring an extent of Ac.1.10 cents, Hyderabad - Bangalore Highway, Prasannayapalle Panchayat, Rapthadu Mandalam, Rapthadu Village, Ananthapuram District, A.P - 515001, without there being any sufficient cause and thereby forcing the Petitioner herein to close the shutters of the Petitioners Restaurants, purportedly basing upon the instructions by the 4th Respondent herein as illegal, arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the 4th and 5th Respondents herein to refrain from visiting the Petitioners Restaurant i.e., Hyderabad Chefs Restaurant situated at Sy.No.35/1A admeasuring an extent of Ac.1.10 cents, Hyderabad - Bangalore Highway, Prasannayapalle Panchayat, Rapthadu Mandalam, Rapthadu Village, Ananthapuram District, A.P - 515001 repeatedly, without there being any sufficient cause and pass IA 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 4th and 5th Respondents herein not to visit the Petitioner’s Restaurant i.e., ‘Hyderabad Chefs Restaurant’ situated at Sy.No.35/1A admeasuring an extent of Ac. 1.10 cents, Hyderabad Bangalore Highway, Prasannayapalle Panchayat, Rapthadu Mandalam, Rapthadu Village, Ananthapuram District, A.P - 515001 by harassing the Petitioner, his staff and travellers, without there being any sufficient cause and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19676/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to pass an order or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring that the action of Respondent Nos. 4 and 5 herein in interfering with the day to day affairs and running of the Petitioners Restaurant i.e., Hyderabad Chefs Restaurant situated at Sy.No.35/1A admeasuring an extent of Ac.1.10 cents, Hyderabad - Bangalore Highway, Prasannayapalle Panchayat, Rapthadu Mandalam, Rapthadu Village, Ananthapuram District, A.P - 515001, without there being any sufficient cause and thereby forcing the Petitioner herein to close the shutters of the Petitioners Restaurants, purportedly basing upon the instructions by the 4th Respondent herein as illegal, arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the 4th and 5th Respondents herein to refrain from visiting the Petitioners Restaurant i.e., Hyderabad Chefs Restaurant situated at Sy.No.35/1A admeasuring an extent of Ac.1.10 cents, Hyderabad - Bangalore Highway, Prasannayapalle Panchayat, Rapthadu Mandalam, Rapthadu Village, Ananthapuram District, A.P - 515001 repeatedly, without there being any sufficient cause and pass…” 2. Sri N.Sai Phanindra Kumar, Learned counsel for the petitioner would submit that the petitioner is running a hotel on the highway. The police are interfering with the day to day activities of the petitioner’s hotel. 3. Sri V. Farooq, learned Assistant Government Pleader for Home, on instructions would submit that the petitioner intentionally kept running the hotel whole night by engaging workers. He also arranged sound systems in front of the hotel to attract public especially youth and creating nuisance to public. The 4 local youth under the guise of getting tea, during that some of them are committing illegal activities. On receipt of complaints from the public, the police have visited the hotel. 4. Recording the above said submissions, the Writ Petition is disposed of, directing the police not to interfere in the regular day to day affairs of the said hotel, without following due process of law. But in case of any specific incident, it does not preclude the police to take appropriate steps according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19676 of 2025 Dated.01.08.2025 UPS 158 p