Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11305 OF 2025 Between: Sri Shaik Malik, S/o Shaik Subhani, Aged about 34 years, Occ- Business, Resident of D.No.2-4-8, Mollavari Street, 4th Ward, Ponnur Town and Mandal, Guntur District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development (MA and UD), Velagapudi, Amaravathi. 2. The Ponnur Municipality, Rep. by its Commissioner, Guntur 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 issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with the day to day business of the petitioner in selling the Chicken and Mutton in Shop bearing D.No. 15-3-2/a, GBC road. Ward No. 19, Santhi Nagar, Guntur - Bapatia road through Trade License bearing Licence Roc.No.01527-2023-VW, dated 21-03-2023 and subsequent Trade License bearing Licence Roc.No.TL/01990/2023 issued for the period of 2025-26, dated 21-03-2023 without issuing any notice and without following due process of law is illegal, arbitrary, highhanded and unconstitutional and
also violation of principles of natural justice and consequently direct the 2nd respondent not to interfere with the petitioner’s business. lA 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 2nd respondent to receive an application to be made by the petitioner for grant of Trade Licence to sell Mutton along with Chicken in Shop bearing D.No. 15-3-2/a, GBC road. Ward No. 19, Santhi Nagar, Guntur - Bapatia road, Ponnur Town and Mandal, Guntur District by further directing 2"'’^ respondent not to interfere with the day to day business of the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SMT.
SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER
APHC010227912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11305/2025 Between:
1.SRI SHAIK MALIK, S/0 SHAIK SUBHANI AGED ABOUT 34 YEARS, OCC: BUSINESS, RESIDENT OF D.NO.2-4-8, MOLLAVARI STREET, 4™ WARD, PONNUR TOWN AND MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA & UD), VELAGAPUDI, AMARAVATHI. 2.THE PONNUR MUNICIPALITY, REP. BY ITS COMMISSIONER, GUNTUR DISTRICT. ...RESPONDENT(S) Counsel for the Petitioner;
1.VUTUPALLI RAJANNA Counsel for the Respondent:
1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
r 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11305/2025
ORDER: The present Writ Petition is filed questioning the action of the 2^^ respondent in interfering with the business of the petitioner in selling the Chicken and Mutton in shop bearing D.No.15-3-2/a, GBC Road, Ward No.19,
1. Santhi Nagar, Guntur - Bapatia Road, through Trade License bearing License Roc.No.01527-2023-VW,dated 21.03.2023 and subsequent Trade License bearing License Roc.No.TL/01990/2023 issued for the period of 2025-26, dated 28.02.2025, without issuing any notice and without following due process of law.
2.
Learned counsel for the petitioner submits that the petitioner was given Trade License for sale of Chicken and his application for Trade License for sale of Mutton is not accepted by the respondent, hence, the petitioner filed the present writ petition.
3. Learned Standing counsel appearing for the respondents submits that petitioner had submitted a representation to the respondent Municipality and the respondent Municipality had issued an endorsement vide Roc.No.270/2025/FI, dated 24.04.2025, calling upon the petitioner to submit certain documents i.e., rental agreement/sale deed or registration documents, building plan, payment details of the current financial years property tax receipts, details of the running water or water connection of the concerned building, representation of the public at the surrounding of the
3 Trade business that there is no objection for them to Trade other documents. As no documents were furnished by the petitioner, the application for trade license of petitioner was not processed further.
4. Having heard the submissions of both the learned counsel, this Court is of the opinion to dispose of the writ petition with the following directions.
1. The petitioner shall furnish the documents referred above to the respondent authority within a period of one (01) week from the date of receipt of web copy of the order.
2. On receipt of such documents, the Respondent authority shall examine the same within one (01) week thereafter to issue Trade License for sale of Mutton. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
Sd/-G.HELA NAIDU //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER To,
1. The Principal Secretary, Department of Municipal Administration and Urban Development (MA and UD), Velagapudi, Amaravathi.
2. The Commissioner, Ponnur Municipality, Guntur District.
3. One CC to Sri Vutupalli Rajanna Advocate [OPUC]
4. Two CCs to GP for Muncipal Admn And Urban Dev, High Court of Andhra Pradesh. [OUT]
5. Three CD Copies TF
!h HIGH COURT DATED:30/04/2025
ORDER WP.No.11305 Of 2025 DISPOSING OF THE W.P., WITHOUT COSTS