NemalidinneVeeraswara Rao v. The State of Andhra Pradesh,
WP/8082/2024 · 2025-04-27
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44730 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44730 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJA SEKHAR WRIT PETITION NO: 8082 OF 7n9d RAO Between: Nemalidlnne Veeraswara Rao, S/o. Venkaiah, Aged about 61 Ryo.D.No.3-3/2, Old town Macherte,,!yiacherla, Palanadu District years, ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Department, Secretariat, Velagapudi, Amaravathi,
2. The Superintendent of Police,'"Guntur District
3. The Station House officer; Mabherla Town
4. The Executive Officer, Sri Lakshmi Macherla, Palanadu District
1. Secretary, Home Guntur District, A.P. , Guntur. Macherla, Palanadu District. Chennakesava Swami Temple, .i ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue order of India praying that in in the affidavit filed therewith, the High Court clJreGtiQn;more particularly one in the nature of Writ of Mandamus declaring the action may of the respondents interfering i premises by summoning and in petitioner's possession at his: licensed pressurizing the petitioner, as iltegaf and amounting to malice-in-law and is v.olat,ve of Articles 14, 21,19{1)g and 300-A of the Constitution of India and consequently direct the respondents to refrain activities of the petitioner. from interfering in the trade
% 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 pleased to direct the respondents, not to interfere in any manner whatsoever in the trade activities relating to the petitioner, pending disposal petition. may be of writ Counsel for the Petitioner: SRI KOMARASETTY PURNA CHANDRA SAI Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent No.4: SRI KAPPERA KOTESWARA RAO (SC FOR ENDOWMENTS) The Court made the following: ORDER
■'/ APHC010158142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEE Srg* [3457] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJA SEKHAR RAO WRIT PETITION NO: 8082/2024 Between: Nemalidinne Veeraswara Rao ...PETITIONER AND The State of Andhra Pradesh and others Counsel for the Petitioner:
1. KOMARASETTY PURNA CHANDRA SAI Counsel for the Respondent(S): 1.GP FOR home' ...RESPONDENT(S) The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.8082 of 2024
ORDER: The writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ...to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondents interfering in petitioner’s possession at his licensed premises by summoning and pressurizing the petitioner, Illegal and amounting to malice-in-law and Is violative of Articles 14,21,19(1)(g) and 300-A of the Constitution as of India and consequently direct the respondents to refrain from interfering the trade activities of m orders as this Hon’ble Court circumstances of the case. ” in e petitioner and pass such other order or LI I may deem fit and proper in the
2. Precisely, the case of the petitioner in the writ petition is that the petitioner is doing business for the last 30 years with a valid and subsisting permission issued by the Municipality in the shop situated at D.No.3-3/2, Old Town Macherla, Palnadu District. The 3^^ respondent has summoned the petitioner to the police station without any valid reason at the behest of the 4‘' respondent i.e.. Executive Officer. Sri Lakshmi Chenna Kesava Swamy Temple, Macherla. The petitioner has received threats from the 3^^ respondent stating that the petitioner will be prohibited from conducting any business or to carry any trade from his shop during the utsavams at the the petitioner possessed nearby temple. Despite this, a valid trading license issued by the
municipality authorities, inter aha the 4**^ respondent without issuing any kind of notice has been trying to interrupt with the business activities of the petitioner. Learned Assistant Government Pleader would submit that the trade license of the petitioner was expired long back and he is conducting trade without any license which amounts to violation of the Act and Law and any intended action will be carried out by the authorities as per the established procedure.
3.
4. In view of the representation made by the learned Assistant Government Pleader, this Court is inclined to dispose of this writ petition directing the respondents, before taking any coercive steps against the petitioner, to follow the procedure in accordance with law. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
5. As a sequel thereto, miscellaneous petitions pending, if shall stand closed. any.
Sd/- V DIWAKAR DEPUTY REGISTRAR SECTIoi^^O^ICER //TRUE COPY// To,
1. The Principal Secretary,; HQme Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P.
2. The Superintendent of PolieaAGuntur District, Guntur.
3. The Station House officer, MacherlaTown, Macherla, Palanadu District.
4. The Executive Officer, Sri Lakshmi Chennakesava Swami Temple, Macherla, Palanadu District
5. One CC to Sri Komarasetty Puma Chandra Sai Advocate [OPUC]
6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
7. One CC to Sri Kappera Koteswara Rao (SC for Endowments) Advocate [OPUC]
8. Three CD Copies TF (gsg)
HIGH COURT DATED:28/04/2025
ORDER WP.No.8082 of 2024 ANOT^ , 29 SEP 2025 m ’N' ■ Current Section .-y/' gggPATC^^ (I DISPOSING OF THE W.P., WITHOUT COSTS