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2025 DAILYLAW 43419 (AP)

BOYAPATI SRINIVASA APPA RAO v. THE STATION HOUSE OFFICER

WP/28806/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010558532025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. BOYAPATI SRINIVASA APPA RAO, S/o Late B. Sivarama Krishnaiah Aged about 86yrs, Occ Business R/o H.N0.32 Vijayawada, NTR District 1. THE STATION HOUSE OFFICER, Suryaraopet Police Stat NTR District Petitioner 2. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR District 3. The Vijayawada Municipal Crporation, Vijayawada, NTR District Rept. By its Municipal Commissioner 4. The District Fire Control Office District 5. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28806 OF 2025 1. BOYAPATI SRINIVASA APPA RAO, S/o Late B. Sivarama Krishnaiah Aged about 86yrs, Occ Business R/o H.N0.32-9-15B, Mogalrajapuram ...Petitioner AND 1. THE STATION HOUSE OFFICER, Suryaraopet Police Station Vijayawada, 2. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR 3. The Vijayawada Municipal Crporation, Vijayawada, NTR District Rept. By its Municipal Commissioner 4. The District Fire Control Officer, Arundalpet, Eluru road Vijayawada, NTR 5. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BOYAPATI SRINIVASA APPA RAO, S/o Late B. Sivarama Krishnaiah 15B, Mogalrajapuram ...Petitioner ion Vijayawada, 2. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR 3. The Vijayawada Municipal Crporation, Vijayawada, NTR District Rept. By r, Arundalpet, Eluru road Vijayawada, NTR 5. The State of Andhra Pradesh, Rep by its Principal Secretary, Home 6. Retail Fireworks Dealers Welfare Association, Rept. By its Joint Secretary A. Narasaiah S/o Ramakotaiah, Aged about 67yrs R/o Gandhi Nagar, Vijayawada, NTR 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 pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondents in trying to permit the 6TH respondent to establish the Fire Cracker Shops in the land of the petitioner's family extent Ac.5.10cts situated in NTS No. 13 of Mogalrajapuram, Vijayawada, NTR District without the consent of petitioner's family and without existence of Registered Lease Deed as arbitrary and illegal and consequently direct the respondents not to permit the 6TH respondent to establish the Fire Crackers Shops in the land of the petitioner's family Ac.S.10 cts situated in NTS No. 13 of Mogalrajapuram, Vijayawada, NTR District without the consent of petitioner and his family members in the interest of justice. 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 pleased to direct the respondents not to permit the 6TH respondent to establish the Fire Crackers Shops in the land of the petitioner’s family extent Ac.5.10cts situated in NTS No. 13 of Mogalrajapuram, Vijayawada, NTR District without the consent of petitioner and his family members pending disposal of the Writ Petition in the interest of justice Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: Counsel for the Respondents:S.V.S.S.SIVARAM SC For VMC THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28806 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondents in trying to permit the 6TH respondent to establish the Fire Cracker Shops in the land of the petitioner's family extent Ac.5.10cts situated in NTS No. 13 of Mogalrajapuram, Vijayawada, NTR District without the consent of petitioner's family and without existence of Registered Lease Deed as arbitrary and illegal and consequently direct the respondents not to permit the 6TH respondent to establish the Fire Crackers Shops in the land of the petitioner's family Ac.5.10 cts situated in NTS No. 13 of Mogalrajapuram, Vijayawada, NTR District without the consent of petitioner and his family members in the interest of justice....…” 2. Heard Sri P. Nagendra Reddy, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioner submitted that the cause in the present Writ Petition does not survive for adjudication, as the District Collector has already rejected the permission for establishment of Fire Cracker Shops in the petitioner’s land. 4. Learned Assistant Government Pleader for Home submitted that the Court may pass appropriate orders. 5. Considering the submissions made on either side, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 17.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 105 W.P.No.28806 of 2025 Dated:17.10.2025 KKV