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2025 DAILYLAW 57144 (AP)

POOSARLA VENKATA RAO v. THE STATE OF AP

WP/26578/2025 · 2025-10-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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I, APHC010506382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26578 OF 2025 Between: Poosarla Venkata Rao, S/o. Late Rama Rao D.No. 12-17/1 Aged about 63 years, R/o. Pedda Bazar Street, Chodavaram Village And Mandal, Anakapalli District, Erstwhile Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Anakapalli, Anakapalli District, Erstwhile Visakhapatnam District. 3. The Station House Officer, Chodavaram Police Office, Anakapalli District, Erstwhile Visakhapatnam 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 in the nature of Writ of Mandamus declaring the action of the 3'^^ Respondent and others in interfering with the Petitioners business Activity of dealership while permission obtained from Government of India as illegal, arbitrary, unjust. Respondent and others rd without jurisdiction and consequently direct the 3 not to interfere with Petitioners business activity. lA NO: 1 OF 2025 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 to direct the 3' Respondent not to interfere with the Petitioners business Activity, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI P SARASWATHI Counsel for the Respondents: GP FOR HOME The Court made the following Order: APHC010506382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 0:r?£ THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26578/2025 Between: 1.POOSARLA VENKATA RAO, S/0. LATE RAMA RAO, AGED ABOUT PEDDA BAZAR STREET, 63 YEARS, R/0. D.NO. 12-17/1, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ERSTWHILE VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, ANAKAPALLI, ANAKAPALLI DISTRICT, ERSTWHILE VISAKHAPATNAM DISTRICT. 3.THE STATION HOUSE OFFICER, CHODAVARAM POLICE OFFICE, ANAKAPALLI DISTRICT, ERSTWHILE VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.P SARASWATHI Counsel for the Respondent(S): 1.GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26578 of 2025 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 declaring the action of the 3rd Respondent and others in interfering with the Petitioners business Activity of dealership while permission obtained from Government of India as illegal, arbitrary, unjust, without jurisdiction and consequently direct the 3rd Respondent and others not to interfere with Petitioners business activity, and pass....” Heard Ms.P.Saraswathi, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the 2. respondents Learned counsel for the Petitioner would submit that the petitioner purchases and sells some chemicals for which license under Explosive is not required as informed by the Deputy Chief Controller of Explosives vide letter dated 15.02.2023. Learned counsel for the Petitioner would further submit that their Arms license has expired and it is pending for renewal. Learned counsel would further submit that the police are frequently visiting Petitioner’s shop and interfering in the business activity of the Petitioner. She would further submit that protection may be given to the Petitioner from unnecessary interference of the police. 3. 3 4. Learned Assistant Government Pleader for Home brought to the notice of this Court that the shop of the Petitioner is situated in a narrow route, hence, it poses chailenge to the public safety. He would further submit that as per instructions of the Superintendent of Police, the police personally inspected the shop and found that it is not safe. He v^ould further submit that a in Crime No. 235 of 2021 under Sections 304-II. 286, 336, 338 of IPC & Section 9(B) of the Explosive Act, is also pending against the Petitioner. Refuting the said statement, learned counsel for the case 5. Petitioner would submit that the Petitioner was shown as accused in Crime No. 235 of 2021 simply on the count that the chemicals from the shop of the Petitioner against the Petitioner in the said mam accused in the said case purchased the except that, nothing is alleged case. Furthermore, the name of the Petitioner is not mentioned in the FIR in Crime No. 235 of 2021. 6. Considering the submissions made and on record, since the chemicals on perusal of material placed are purchased by the Petitioner and sold to others in retail and the said chemicals do not require Explosives License, the Police are directed not to interfere in the business activities of the Petitioner, but, take necessary steps to avoid preclude the police to follow the due any untoward incidents. It does not process of law for public safety. With these observations, this Writ Petition is disposed of. There shall be 7. no Order as to costs. ' \ 4 ''A As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police, Anakapalli, Anakapalli District, Erstwhile Visakhapatnam District. The Station House Officer, Chodavaram Police Office, Anakapalli District, Erstwhile Visakhapatnam District. One CC to Sri P SARASWATHI, Advocate [OPUC] Two CCs to GP for HOME High Court of Andhra Pradesh [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. vna i ''- • HIGH COURT DATED;09/10/2025 ORDER WP NO. 26578 OF 2025 % (HOCTTO rn coh O Current Section "V ★ DISPOSING OF THE WRIT PETITION WITHOUT COSTS