IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 771 OF 2Q2fi Between: Sri Venkateswara Rural Farmers Cold Storage, Allagadda, Nandyal District Rep by its Proprietress S.V.Sirisha ...PETITIONER AND 1. The Allagadda Municipality, Allagadda, Nandyal District Rep by its Commissioner. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Department, Secretariat, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of Mandamus to declare the one action of the Respondent No.1 in locking the Petitioners Cold Storage on the ground of Plan approval and fire NOC are not submitted in pursuant to the Notice dated 27-12-2024 without passing any orders conferring the power under the AP Municipalities Act as arbitrary, illegal, beyond jurisdiction and violation of Article 14, 19 and 21 of the Constitution consequently direct the Respondent No. 1 to open the Cold Storage and interfere with the Cold Storage business activities of the Petitioner without following due process of law in the interest of justice. of India and not #3 lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.1 to open the lock to the Petitioner’s Cold Storage forthwith enabling the Petitioner to do Cold Storage business activities pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI P NAGENDRA REDDY Counsel for the Respondent No.1: SMT. SIREESHA RANI (SC FOR MUNICIPALITIES) Counsel for the Respondent No.2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEV The Court made the following: ORDER APHC010015162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 771/2025 Between: ...PETITIONER Sri Venkateswara Rural Farmers Cold Storage AND ...RESPONDENT(S) The Allagadda Municipality and Others Counsel for the Petitioner: 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1. 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: ORDER: The present Writ Petition Constitution of India seeking the following relief:- came to be filed under Article 226 of the ...to issue a writ order or direction more particulariy one in the nature of writ of Mandamus to declare the action of the Respondent No. 1 in locking the Petitioner’s Cold Storage on the ground of Plan approval and fire NOC are not submitted in pursuant to the Notice dated 27.12-2024 without passing any orders conferring the power under the AP Municipalities Act as arbitrary, illegal, beyond jurisdiction Article 14, 19 and 21 of the Constitution of India and violation of and consequently direct open the Cold Storage and not interfere with the Cold Storage business activities of the Petitioner without following due process of law in the interest ofjustice to pass... ’’ the Respondent No. 1 to 2. The brief facts of the an extent of Ac.4-00 cents are that the petitioner had purchased the land case to in Sy.No.406/1 of Allagadda Village and^ Mandal under registered Sale Deed dated 24-02-2010 and subsequently, after duly obtaining building permission from the respondent No.1, the petitioner had constructed a Cold Storage and running the business Venkateswara Rural Farmers Cold Storage and had also obtained license from the Agriculture Market Committee, Allagadda, the same is being renewed from time to time and is in force till 31.03.2029. on the name of Sri 3. While the matter being complaint made by the Hon’ble Member so, the respondent No.1, basing on the -- of the Legislative Assembly, is running the Cold Storage Allagadda Constituency alleging that the petitioner i without obtaining appropriate permissions from the concerned authorities had issued a notice dated 27.12.2024 to the petitioner directing him to submit the building permission, drawing plan property tax receipt, registered document and fire NOC. The grievance of the petitioner is that in pursuance of the notice dated 27.12.2024, the respondent No.1 without giving any breathing time to the petitioner has locked the said Cold Storage on 06.01.2025 itself. Aggrieved by the action of the respondent No.1, the petitioner had filed the present writ petition. 4. Heard P.Nagendra Reddy, learned counsel for the petitioner, Smt. Sireesha Rani, learned Standing Counsel appearing for the respondent No.1 learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.2 and perused the material available on record. 5. Today when the matter came up for admission, learned Standing Counsel appearing for the respondent No.1 has furnished a copy of instructions issued by the Commissioner, Allagadda Municipality, wherein it is stated that in spite of the issuance of the notice dated 27.12.2024, the petitioner had failed to produce the requisite documents as directed by the respondent No.1 and as such the respondent No.1 had locked the petitioners Cold Storage on 06.01.2025. and 6. On a perusal of the impugned notice dated 27.12.2024, it can be seen that the impugned notice was not issued by the respondent No.1 on his own after conducting an inspection by duly verifying whether the petitioner is running the subject Cold Storage by obtaining requisite permissions from the concerned authorities or not, but has issued the same basing on the complaint Hon’ble Member of the Legislative Assembly, Allagadda made by the Constituency. Though as per the impugned notice, the petitioner was submit the relevant documents, even without considering the permitted to same 7. In view of the same, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit the requisite documents as directed by the respondent No.1 in the impugned notice dated 27.12.2024, within a period of two (02) weeks from the date of receipt of a copy of the order and the same may be considered by the respondents after giving a fair opportunity of hearing to the petitioner, but, however, the respondents are at the respondent No.1 has locked the petitioner’s cold storage. liberty to initiate any further course of action in accordance with law. Further the respondent No,1 is directed to unlock the petitioner’s Cold Storage within a period of two (02) days from today i.e. 09.01.2025. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand 8. closed. Sd/- Wl. SRtNlVAS assistant registrar //TRUE COPY// OFFICER SE To, 1. The Commissioner, Allagadda Municipality, Allagadda, Nandyal District. The Principal Secretary, Municipal Department, Secretariat, Velagapudi^ Amaravathi, Guntur District. One CC to Sri P Nagendra Reddy Advocate [OPUC] One CC to Smt. Sireesha Rani, SC for Municipalities [OPUC] Two CCs to GP for Municipal Admn. & Urban Dev. High Court of A.P. [OUT] Three CD Copies 2. 3. 4. 5. 6. TF ' 1.“ HIGH COURT DATED:09/01/2025 ORDER WP.No.771 of 2025 I 0 6 FEB 2025 1| Currant Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS