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2025 DAILYLAW 57394 (AP)

M/ s. Mahalakshmi Enterprises Dealer of Petroleum outlet of Bharat Petroleum Corporation, v. State of Andhra Pradesh

WP/20182/2021 · 2025-10-12

Harinath N

body2025

Judgment text

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APHC010336112021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20182/2021 Between: 1. M/ S. MAHALAKSHMI ENTERPRISES DEALER OF PETROLEUM OUTLET OF BHARAT PETROLEUM CORPORATION,, D. NO. 10-1- 117, MEHAR NAGAR REVENUE WARD 61, VISAKHAPATNAM REP.BY ITS MANAGING PARTNER. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM. 3. ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 4. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, MINISTRY OF COMMERCE AND INDUSTRY, UNION OF INDIA, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. V V SATISH 2 Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 2. HARINATH N (Asst Solicitor General) 3. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the 2nd and 3rd respondents in interfering with the structures existing within the premises of the petroleum retail outlet of the petitioner, which is illegal, arbitrary, and in violation of Articles 21 and 300-A of the Constitution of India, and consequently prays to direct the respondent Nos.2 and 3 not to interfere with the structures existing in the petitioner’s petroleum retail outlet situated in Sy.No.31/1, Gajuwaka, Visakhapatnam, covered by Explosive License No. P/SC/AP/14/1073(P31381) dated 22.06.2021 issued by the 4th respondent. 2. The learned counsel for the petitioner further submits that this writ petition may be closed as the cause of action does not survive. It is submitted that as of now, the perception of the threat raised in the writ petition no longer subsists. 3. Recording the same, this writ petition is closed, leaving it open to the petitioner to file a fresh petition. There shall be no order as to costs. [ 4. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 13.10.2025 PNS 4