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2025 DAILYLAW 40214 (AP)

VIJAYA DURGA RESTARURANT AND BAR v. The State of Andhra Pradesh

WP/33400/2022 · 2025-11-16

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010546992022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 33400/2022 Between: 1. VIJAYA DURGA RESTARURANT AND BAR, REP. BY ITS PROPRAITOR, NAIDU RAMESH, S/O RAMA RAO, AGED ABOUT 46 YRS, OCC.- BUSINESS, R/O D. NO. 5-84, SAKIN KAVURU VILLAGE, CHILAKALURUPETA MANDAL, PREVIOUSLY GUNTUR DISTRICT, NOW PALNADU DISTRICT,ADNHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH AT VIJAYAWADA 3. THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, GUNTUR, GUNTUR DISTRICT 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, NARSARAOPET, PREVIOUSLY GUNTUR DISTRICT, NOW PALNADU DISTRICT 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. 6. THE CHILAKALURIPETA MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPETA, PREVIOUSLY GUNTUR DISTRICT, NOW PALNADU 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 tomay be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus, (a)declaring the action of the Respondents 2 to 4 in not permitting the Petitioner to commence and carry on the business under the name and style of M/s. VijayaDurgaRestaurant and Bar at D.No. 27-439, GNT Road, Chilakaluripeta Town and Municipality, Now Palnadu District (Previously Guntur District) by allowing the Petitioner to take supplies from the A.P. Beverages Corporation Limited and sell to the customers duly issuing Form-2B License forthwith. and (b)declaring the action of the 6th Respondent in not issuing Trade License to the Petitioner duly considering the Application, dt. 03.8.2022 for carrying on the business of Restaurant and Bar name and style of M/s. VijayaDurgaRestaurant and Bar at D.No. 27-439, GNT Road, Chilakaluripeta Town and Municipality, Now Palnadu District (Previously Guntur District)as illegal, irregular, arbitrary, unconstitutional, being violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India and unsustainable and consequently direct the Respondents to issue Form 2-B License and Trade License for the purpose of running the Bar and Restaurant in the subject premises and pass such IA 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 may be pleased to direct the Respondents to permit the Petitioner to carry on the business of Restaurant and Bar in the name and style of M/s. VijayaDurgaRestaurant and Bar at D.No. 27-439, GNT Road, Chilakaluripeta Town and Municipality, Now Palnadu District (Previously Guntur District)and pass such IA NO: 2 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 vacate the interim order dt.14-10-2022 passed in WP.No.33400/2022 and dismiss the Writ Petition against the respondents 1 to 4 with costs and pass Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR PROHIBITION 3. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.33400 OF 2022 ORDER: Ms.Sk.Thabasum, learned counsel representing learned counsel for the petitioner, submits that due to efflux of time the cause in the writ petition has rendered infructuous. Learned counsel endorsed the same on the bundle. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.11.2025 KBN 43 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.33400 of 2022 Date: 17.11.2025 KBN