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2025 DAILYLAW 52022 (AP)

Sri. Kakollu Nageswara Rao v. The State of Andhra Pradesh

WP/4445/2024 · 2025-12-21

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010080042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4445/2024 Between: 1. SRI. KAKOLLU NAGESWARA RAO, S/O. MALAKONDAIAH, AGED ABOUT 49 YEARS, R/O. PLOT NO. 209, SKT APARTMENT, TEACHERS COLONY, PALWANCHA TOWN AND POST, KHAMMAM DISTRICT, TELANGANA 507115. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE STATION HOUSE OFFICER, OLD GUNTUR POLICE STATION, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in restricting the running of the Food Court in APSRTC in Stall No. 87 located in NTR Bus Station Guntur, 24 hrs X 7 days as illegal, arbitrary, opposed to the established principles of law, besides violation of the mandates of the A.P. Shops and Establishments Act and in violation of Fundamental Right as guaranteed Under Article 21 of the Constitution of India and consequently direct the respondents herein to not to interfere with the running of the Food Court Business everyday 24 hrs X 7 days.” 2 2. Heard Smt K.Pallavi, learned counsel for the petitioner and Sri Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that, since the shop faces the road, the police initiated action to close the shop by 10:00 p.m. in order to avoid any law and order problems. Learned Assistant Government Pleader would further submit that, in light of the interim orders passed by this Court, the police are not interfering with the business activity of the petitioner. 4. Learned counsel for the petitioner would submit that the petition may be disposed of by recording the submissions made by the learned Assistant Government Pleader for Home. 5. Considering the submissions made, the Writ Petition is disposed of. However, the police are directed not to interfere in the business activities of the petitioner except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 22.12.2025 Asr 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.4445 of 2024 Dt..22.12.2025 Asr