Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 53574 (AP)

M/s. Apoorva Networks v. The State of Andhra Pradesh,

WP/24662/2025 · 2025-09-18

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i ¥ ' APHC010485402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24662 OF 2025 Between: M/s. Apoorva Networks, Srisailam, Shop No.3, Lalitha Bazar, Old Bus stand Road, Srisailam, Nandyala District Rep. by its Proprietor Rajeswar Reddy, S/o. LateVenkat Reddy, Aged about 48 years, Occ Business Colony, Srisailam, Nandyala District R/o. Srigiri ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Endowments) Department District, A.P. 2. The Commissioner, Endowments Department, Gollapudi, Vijayawada, NTR District 3. Sri Brambaramba Mallikarjuna Swamyvarla Devasthanam, Srisailam, Nandyal District, Rep. by its Executive Officer Secretariat Buildings, Velagapudi Guntur ...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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not permitting the petitioner to transport the required construction material for construction of temporary customer oriented facilities i.e. Cafe / Dhaba / Restaurant / Restrooms, and not approving for providing water connection and electricity connection at Indian Oil Corporation outlet situated at Sy. No.3, Srisailam Town and Mandal, Nandyal District as bad, illegal, arbitrary and violative of Article 14, 19 (1) (g) and 21 of Constitution of India and consequently direct the respondents to grant permission to the petitioner firm for transport of construction material for construction of Dhaba / Restaurant etc., and also to provide water connection and NOC for electricity connection at Indian Oil Corporation outlet situated at Sy. No.3, Srisailam Town and Mandal, Nandyal District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3rd respondent to permit the petitioner firm for transport of construction material for construction of Dhaba / Restaurant etc., and also to provide water connection & NOC for electricity connection at Indian Oil Corporation outlet situated at Sy. No.3, Srisailam Town and Mandal, Nandyal District. Counsel for the Petitioner: SRI D V SASIDHAR Counsel for the Respondents No.1,2:GP FOR ENDOWMENTS Counsel for the Respondent No.3: SRI T VENU GOPAL, (SC FOR ENDOWMENTS (RAYALASEEMA REGION) The Court made the following order: APHC010485402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24662 OF 2025 Between: 1,M/S. APOORVA NETWORKS. , SRISAILAM, SHOP N0.3, LALITHA SRISAILAM, NANDYALA BAZAR, OLD BUS STAND ROAD, DISTRICT REP. BY ITS PROPRIETOR RAJESWAR REDDY, S/0. LATEVENKAT REDDY, AGED ABOUT 48 YEARS, OCC BUSINESS, R/0. SRIGIRI COLONY, SRISAILAM, NANDYALA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, REVENUE (ENDOWMENTS) DEPARTMENT GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT SWAMYVARLA REP. BY ITS BRAMBARAMBA MALLIKARJUNA 3.SRI DEVASTHANAM, SRISAILAM, NANDYAL DISTRICT EXECUTIVE OFFICER ...RESPONDENT(S): 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 topleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not permitting the petitioner to transport the required construction material for 2 R°esSurlT/RUfr3ra‘'nTrrapD°or'^ ' and electricity connection at Indian m'^r^ °'^ Providing wafer connection No.3, Srisailam Town and Mandal, Nandyai°ms°rSTs bad^' situated at Sy. and violative of Article 14 19 (i) (a) and P1 If r etc., and also to provide water connection and NOC connectionat Indian Oil Corporation outlet si Town and Mandal, Nandyal District Restaurant for electricity situated at Sy. No.3, Srisailam jA NO: 1 OF 2091^ Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent(S): 1.T VENU GOPAL SC FOR ENDOWMENTS 2.GP FOR ENDOWMENTS (RAYALASEEMA REGION) 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24662 OF 2025 The Court made the following order; Heard Sri D.V.Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments appearing for the respondent Nos.1 & 2 and Sri T.Venu Gopal, learned Standing Counsel for Endowments appearing for respondent No.3. The petitioner's grievance is that the respondents are not allowing the petitioner to transport the required construction materials to the uphill's of Srisailam, which are necessary for the construction of a temporary unit to provide customer-oriented facilities, namely a cafe, dhaba, restaurant, and restrooms, at the Indian Oil Corporation outlet situated at Sy.No.3, Srisailam Town and Mandal, Nandyal District and further not approving the water connection & electricity connection. It is contended by the petitioner that the 3^*^ respondent- Temple, is the absolute owner of 2,726.85 square yards or 2,280 square meters of land situated in Sy.No.3, Srisailam Town and Mandal, Nandyal District. The 3 respondent entered into a lease agreement dated 30.03.2017 with M/s. Indian Oil Corporation Limited (lOCL) in respect of the said land for a period of 30 2. 3. rd years. During the subsistence of the said lease. M/s. lOCL entered into a Leave and License Agreement dated 25.07.2024 with the petitioner in respect 4. 4 of an extent of 239 square yards, permitting the petitioner to construct and operate a Dhaba/Restaurant. Pursuant to the said agreement, the petitioner sought permission from the 3'^ respondent, through lOCL, for setting up a temporary structure and for approval of water and electricity connections vide letter dated 27.12.2024. It is 5. contended that instead of passing appropriate orders in response to the said letter, the 3'^'^ respondent forwarded the same to the 2"'^ respondent, to grant approval for providing water and electricity connections and to permit the petitioner to set up the temporary structure and procure the necessary materials. However, the 2"^ respondent has not passed any order on the said representation so far. 6. Sri D.V.Sasidhar, learned counsel for the petitioner, contends that the petitioner has invested substantial sums in furtherance of setting up the restaurant pursuant to the lease agreement entered into with M/s. lOCL. The petitioner further contends that the respondents' failure to grant the necessary permissions has caused the petitioner financial loss and hardship. Thus, the petitioner seeks a direction that the 3^^ respondent be directed to grant permission for the transportation of construction materials for the Dhaba/Restaurant, and also to provide watej and electricity connections. including the issuance of a No Objection Certificate (NOC) for the electricity connection. Sri T.Venu Gopal, learned Standing Counsel for Endowments, 7. appearing for respondent No.3, has placed before the Court a copy of the v„. 5 written instructions received from the would reflect that setting up the Dhaba/Restaurant authorized to sub-let the Dhaba/Restaurant within volatile and would be 3'’'^ respondent. A perusal of the same permission has been accorded in favour of lOCL for near the IQCL petrol pump nor is lOCL / property. It is further submitted that a radius of 50 meters from the setting up a petrol pump is highly contrary to the guidelines issued by the Petroleum and Explosives Safety Organisation (PESO) dated 07.01.2020. 8. Having regard to the contentions advanced and considering the fact any decision that the 2 nd respondent has not taken petitioner, forwarded through 3^'^ to dispose of the writ petition with and pass appropriate orders forwarded vide respondent, within a period of si this order. 9. Accordingly, the Writ Petition i to costs. on the representation of the respondent, this Court deems it appropriate respondent to consider a direction to the 2"'' pursuant to the representation of the Rc. No. E2/412844/2025 petitioner dated 03.05.2025 SIX weeks from the date of of the 3^^ receipt of a copy of IS disposed of. There shall be no order as As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC■ri^^FFICER To, 1. The Principal Secretary, State of Andhra Department Secretariat Buildings, Velagapudi 2. The Commissioner, Endowments District Pradesh, Revenue (Endowments) , Guntur District, A.P. Department, Gollapudi, Vijayawada NTR Jt 3. The Executive Officer, Sri Brambaramba Mallikarjuna Swamyvarla Devasthanam, Srisailam, Nandyal District. 4. One CC to SRI. D V SASIDHAR, Advocate [OPUC] 5. One CC to SRI. T VENU GOPAL, SC FOR ENDOWMENTS (RAYALASEEMA REGION) Advocate [OPUC] 6. Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh [OUT] 7. Two CD Copies nm HIGH COURT DATED: 19/09/2025 ORDER WP NO. 24662 OF 2025 s( 2 8 OCT 2025 l?’}i Sectioy^ ^ rf" DISPOSING OF THE WP WITHOUT COSTS