IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11461 OF 2025 X. Between: J.Purnaiah, S/o. Busaiah, Age 73 years, R/o D.No.5-90-1, Chandramouli Nagar, Guntur Town, Guntur District-522007. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home Affairs Velagapudi Village, Amaravathi. 2. The Superintendent of Police, Guntur, Guntur District. 3. The Station House Officer, Old Guntur, 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 a Writ, Order or Direction more particularly one nature of Writ of Mandamus declaring the action of the Respondents and 3 in restricting the Petitioner from in the No.2 running the Tea and Bakery business in Open Space bearing no.79 at APSRTC NTR Bus Station, Guntur, 24 hrs x 7 days, as illegal, arbitrary, high handed and violative of fundamental rights guaranteed to the Petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondents not to interfere with the running of the Tea and Bakery business in Open Space bearing no.79 at APSRTC NTR Bus Station, Guntur 24 hrsx7 days. '•a lA NO: 1 OF 7()9R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the running of the Tea & Bakery business in Open Space bearing no.79 at APSRTC NTR Bus Station, Guntur, 24 hrsx7 days. Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent Nos.1 to 3: GP FOR HOME The Court made the following: ORDER APHC010215272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11461/2025 [3457] Between: J.purnaiah ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.11461 OF 2025 ORDER: 1. This 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 No.2 and 3 in restricting petitioner from running Tea & Bakery business in Open Space bearing No.79 at APSRTC NTR Bus Station, Guntur, 24 hrs x 7 days, as illegal, arbitrary, high handed and violative of fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently to direct the Respondents not to interfere with the running of the Tea & Bakery business in Open Space bearing No.79 at APSRTC NTR Bus Station, Guntur, 24 hrs x 7 days and pass such other orders.” 2. It is the case of the petitioner that he has been running a Tea & Bakery stall in the open space No.79 measuring 12’ x 15’ sft., allotted by the APSRTC, NTR Bus Station, Guntur, under the deed of licence, dated 06.03.2025, which is operative for a period of five years commencing from 15.01.2025 and ending with 14.01.2030. 3. The petitioner was allotted the said open space through open tenders under notification dated 29.11.2024 for licencing out 3 the stall/ space for running Tea & Bakery business in open space bearing No.79 at NTR Bus Station, Guntur for an amount of Rs. 17,285/- per month for a period of five years. The petitioner became highest tenderer and successful bidder and entered agreement with A.P.S.R.T.C. authorities and the latter proceedings No.02/437(48)/2024 Dpio(a) dated issued 19.10.2024. 4. While the matter stood thus, the personnel and other patrolling vehicles of Guntur Police, who are on the night duties are visiting the petitioner’s tea stall and demanding to close the business after 22.00 hrs. The petitioner is entitled to run the business round the clock in the premises of Bus Station at Guntur without any impediments whatsoever. Hence this Writ Petition is filed questioning the action of the respondents and sought for a direction as stated supra. 5. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for respondents 1 to 3. 6. The learned counsel for the petitioner has drawn the attention of this Court to the agreement between the petitioner and the APSRTC to carry on the business i.e., to run Tea & Bakery stall 4 for 24 hours in a day, till expiry of licence period and interference of the 3rd respondent with the business of the petitioner is illegal, in view of the terms and conditions of the licence, which is exclusively under the control of the APSRTC. 7. The learned counsel further submits that in view of the fact that several buses are passing through the Bus Station, the petitioner has to provide necessary food items to those passengers and that apart, if such interference is allowed with the conduct of business, it amounts of violation of right to carry trade or business guaranteed under Article 19 of the Constitution of India and thereby requested to issue direction. 8. The learned Assistant Government Pleader for Home, representing respondents 1 to 3, fairly submitted that they are not interfering with the business being conducted by the petitioner throughout the day i.e., 24 hours, subject to the petitioner’s strict adherence to the guidelines issued by Ministry of Home, Central Government and the State Government Departments. 9. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, respondents 1 to 3 are directed not to interfere with the 5 business being conducted by the petitioner subject to following the guidelines issued by the Ministry of Home and other State Government Departments. 10. With the above directions, this Writ Petition is disposed of with the consent of both the learned counsel. 11. As a sequel, miscellaneous applications pending, if any, shall also stand closed. SOI- K. TAT/V RAO DEPUTY REGISTRAR //TRUE COPY// SECT ON OFFICER To, 1. The Principal Secretary, Department of Home Affairs, State of Andhra Pradesh, Velagapudi Village, Amaravathi. 2. The Superintendent of Police, Guntur, Guntur District. 3. The Station House Officer, Old Guntur, Guntur District 4. One CC to Sri Arun Showri G, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:05/05/2025 *nd>^ I 01 )UN m ^ » Currani Sdciion . m Co. ORDER WP.No.11461 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS