f APHC010711932022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'V: WEDNESDAY, THE SECOND DAY OF JULY 0(1 @ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N -o' a WRIT PETITION No: 42034 OF 2022 Between: Y.Aruna, Proprietor; Vasavi Agencies, W/o.Suresh Babu, Aged about 38 years. Resident of 77-1/1-22, Prakashnagar, Payakapuram, Vijayawada, Andhra Pradesh- 520015. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. A.P 2. The Superintendent of Police, Guntur District. 3. The Station House Officer, Old Guntur. ...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 a Writ order or orders more particularly one in the nature of a WRIT OF MANDAMUS against the Respondents by declaring that the action of the respondents in restricting the petitioner from running of the food court in APSRTC NTR Bus Station, Guntur, 24 hrs x 7 days as arbitrary, illegal, void ab-initio besides violation of the mandates of the A.P Shops and Establishments Act, Articles 19 and 21 of the Constitution of India and 9 > principles of natural justice and consequently to direct the Respondents not to interfere with the running of my hotel business every day. lA No: 1 OF 2022 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 Respondents not to interfere with the petitioner food court business at NTR Bus Station, Guntur pending disposal of the present Writ Petition. Counsel for the Petitioner: SUNKARA RAJENDRA PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR HOME The Court made the following order: APHC010711932022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 42034/2022 Between: 1.Y ARUNA, PROPRIETOR. VASAVI AGENCIES W/0 SURESH RESIDENT OF 77-1/1-22, ANDHRA BABU,AGED ABOUT 38 YEARS PRAKASHNAGAR PAYAKAP U RAM,VIJAYAWADA PRADESH- 520015 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. A.P 2.THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 3.THE STATION HOUSE OFFICER, OLD GUNTUR. ...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 orders more particularly one in the nature of a writ of Mandamus against the Respondents by declaring that the action of the respondents in restricting me from running of the food court in APSRTC NTR Bus station, Guntur, 24 his x 7 days as arbitrary, illegal, void ab-initio besides violation of the mandates of the A.P Shops and Establishments Act, Articles 19 and 21 of the Constitution of India and principles of natural justice and consequently to direct the Respondents not to interfere with the running of my hotel business every day and to pass 2 lA NO: 1 OF 2022 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 Respondents not to interfere with my food court business at NTR Bus Station, Guntur pending disposal of the present writ petition and to pass lA NO: 1 OF 2024 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 extend the interim order made in W.P.No. 42034 of 2022 dated 04- 01-2023 and extended on 09-05-2024, pending disposal of the present writ petition and pass Counsel for the Petitioner; 1 .SUNKARA RAJENDRA PRASAD Counsel for the Respondent{S); I.GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 42034 of 2022 ORDER: The learned counsel for the petitioner submits that the petitioner is running food court under the name and style of ‘Hotel Kathikeya’ at NTR Bus Station, Guntur in the stall allotted to her (stall No.80 or new stall No.9). and that the said shop was allotted vide order dated 26.05.2022 by the APSRTC. It is submitted that the 3'^ respondent is interfering with the petitioner’s business, which is affecting the Fundamental Right to life. It is also submitted that the petitioner has validly obtained the lease from APSRTC to run the food court and the petitioner started running food court from 27.10.2022. It is submitted that the 3'^ respondent, at the behest of business rivalry, is further causing hindrance to the petitioner in running food court. 2. The learned Assistant Government Pleader appearing for respondent Nos.1 to 3 on written instructions submits that the petitioner’s shop is facing to Vijayawada-Guntur road side and that passengers are facing many problems due to drinkers and chain snatchers, and that keeping the during night time shop open at night will cause law and order problems. It is also stated that there is no proper parking place for the petitioner’s shop. It is further submitted traffic issues, and that keeping the shop open after odd hours is causing hence, prays for dismissal. 4 Admittedly, the petitioner is running a food court under a valid license dated 29.07.2022, and the license is valid till 14.07.2027. The petitioner is also required to pay a license fee of Rs.68,000/- per month, with an escalation of 10% and 15% in the 4*'^ and 5**^ year respectively. 3. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader, there shall be a direction to the 3'^'' respondent not to disturb the petitioner’s business, and the 3'^'^ respondent may also take appropriate steps for regulating the traffic at that place. If necessary, a traffic constable is to regulate the traffic to avoid inconvenience to the commuters. The 3"^ respondent shall deploy a traffic constable to regulate and ensure there is free ingress and egress to the bus station. 4. With the above observations, this Writ Petition is disposed off. There 5. shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Guntur District. 3. The Station House Officer, Old Guntur. 4. One CC to Sri Sunkara Rajendra Prasad, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. HIGH COURT DATED:02/07/2025 ANDrtigj ORDER WP No. 42034 of 2022 rnii n JUL 2025 . Current Section .X o DISPOSING OF THE WRIT PETITION WITHOUT COSTS