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2025 DAILYLAW 56757 (AP)

M MUKUNDA v. THE INSPECTOR

WP/14640/2021 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010254812021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14640/2021 Between: 1. M MUKUNDA, SMT.MANJUSHA MUKUNDA RAO PATIL W/O. MUKUND RAO VISHWANATH PATIL, AGED 46 YEARS, OCC PROPRIETOR OF ROYAL TEA HOUSE, ASHOK ROAD, PUMA JUNCTION, PARBHANI, MAHARASHTRA STATE ...PETITIONER AND 1. THE INSPECTOR, THE INSPECTOR OF POLICE, TUNI TOWN POLICE STATION, TUNI, EAST GODAVARI DISTRICT. 2. THE SUPERINTENDENT, THE SUPERINTENDENT OF POLICE, KAKINADA, EAST GODAVARI DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI ...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 tobe pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in interfering with the tea stall business affairs of the petitioner in Yelamanchali railway station by way of addressing the letter to the South Central Railway Authority requesting to prevent the petitioner to run the business without following due process of law as arbitrary, illegal and beyond jurisdiction 2 and also violation of article 300-A of the Constitution of India and consequently direct the respondent No.1 not interfere with the tea stall business of the petitioner in Yelamanchali Railway Station without following due process of law in the interest of justice. IA NO: 1 OF 2021 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 pleased to direct the respondent No.1 not interfere with the tea stall business of the petitioner in Yelamanchali Railway Station without following due process of law pending disposal of the Writ Petition in the interest of justice Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 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 a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in interfering with the tea stall business affairs of the petitioner in Yelamanchali railway station by way of addressing the letter to the South Central Railway Authority requesting to prevent the petitioner to run the business without following due process of law as arbitrary illegal and beyond jurisdiction and also violation of article 300A of the Constitution of India and consequently direct the respondent No.1 not interfere with the tea stall business of the petitioner in Yelamanchali Railway Station without following due process of law in the interest of justice.” 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. The Learned Assistant Government Pleader for Home, on instructions, would submit that as per the complaint of Adari Swamynaidu, the respondent police endorsed a letter to the Senior Divisional Commercial Manager, Vijayawada, requesting that no further action be taken, as there is a complaint pending against the petitioner herein. Except for this, there is no material to show that the police were involved in the petitioner’s business affairs, as alleged. 4. Recording the same, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14640 of 2021 Dated.06.10.2025 SNI 80