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2025 DAILYLAW 57599 (AP)

RETAIL FIRE WORKS DEALERS WELFARE ASSOCIATION v. THE STATE OF ANDHRA PRADESH

WP/28094/2025 · 2025-10-09

B S Bhanumathi

body2025

Judgment text

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APHC010545122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURAB.LE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 28094 OF 2025 Between: Retail Fire Works Dealers Welfare Association, Vijayawada (Regd.No S/o. 251 of 2005), rep. by its Joint Secretary K.Narasaiah Ramakotaiah, aged 62 years. Sri Velidendia Hanumantharaya Grandhalayam, Gandhi Nagar, Vijayawada ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi, Guntur District, Andhra Pradesh 2. The Commissioner of Police, Vijayawada. 3. The Station House Officer, Suryaraopet Police Station, Vijayawada. 4. The District Fire Control Officer, D.No 28-01-30, Arundalpet Road, Vijayawada. 5. TheTahsildar, Vijayawada. 6. The Municipal Commissioner, Vijayawada Municipal Corporation, Vijayawada. 7. Satavahana College, Vijayawada Represented by it's Correspondent Vijayawada. Eluru ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of 'Writ of Mandamus' declaring the action of the respondents 2 to 6 in not granting permission to the petitioner for opening temporary shops for conducting sale of fire crackers for Deepavali festival in Respondent No 7 Satavahana College Backside Grounds, Vijayawada from 20.10.2025 despite r' 08.10.2025 to receiving the representation of the petitioner 30.09.2025 and the permission given by the Management of Respondent No 7 Satavahana College, Vijayawada, on as illegal, arbitrary, and in violation of Article 19 of the Constitution of India, and consequently direct the respondents 2 to 6 to immediately grant permission to the petitioner for opening temporary shops and conducting sale of fire crackers festival in Respondent No 7 Siddartha for Deepavali College Backside Grounds, Vijayawada. lA NO: 1 OF 2n9.«^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 to forthwith dated 30.09.2025 of the petitioner to praying that in the circumstances stated pass orders on the representations grant permission to the petitioner for for Deepavali in Respondent Mo 7 Siddartha College Backside Grounds, Vijayawada, pending disposal of the main Writ Petition. opening temporary shops and conducting sale of fire crackers festival Counsel for the Petitioner: SRI V R MACHAVARAM Counsel for the Respondent Nos.1 & 3: GP FOR HOME Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI S V S S SIVA RAM The Court made the following order: APHC010545122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) f [3311] Friday, the Tenth Day of October Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 28094 of 2025 Between: Retail Fire Works Dealers Welfare Association ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: I.V.R.Machavaram Counsel for the respondents: I.G.P. for Home 2.G.P. for Revenue The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: 2 W.P.No.28094 of 2025 ...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of 'Writ of Mandamus' declaring the action of the respondents No.2 to 6 in not granting permission to the petitioner for opening temporary shops for conducting sale of fire crackers for Deepavali festival in Respondent No.7, Satavahana College Backside Grounds, Vijayawada from 08.10.2025 to 20.10.2025 despite receiving the representation of the petitioner on 30.09.2025 and the permission given by the Management of Respondent No.7 Satavahana College, Vijayawada, as illegal, arbitrary, and in violation of Article 19 of the Constitution of India and consequently direct the respondents 2 to 6 to immediately grant permission to the petitioner for opening temporary shops and conducting sale of fire crackers for Deepavali festival in Respondent No.7 Siddartha College Backside Grounds, Vijayawada, and pass... 2. The case of the petitioner is briefly as follows: a. The petitioner is a registered association dealing with the welfare of the dealers of the firecrackers in Vijayawada. For selling firecrackers from 12.10.2025 to 31.10.2025 in the ground of the respondent No.7, the petitioner obtained a lease from the respondent No.7 vide letter dated 01.03.2025. The petitioner has been conducting business selling firecrackers during festival period of Deepavali for the last 15 years, in the same place without any inconvenience. The petitioner subniitted the representation to the respondents Nos.2 to 6 to accord permission to sell fire crackers in the premises of the respondent No.7 from 10.10.2025 to 20.10.2025, along with the necessary permission of the respondent No.7, well in advance on 30.09.2025. So far, there is no response. Hence, this petition is filed. \ of 1 W.P.No.28094 of 2025 3. The learned Government Pleader for Home submitted such representation has been received from the petitioner and place chosen for the arranging shops is a college and the permission is said to have been accorded by the college is said to be in March, 2025. He further submitted that the government has concern for the security to avoid untoward incidents due to fire. He further submitted that a copy of the alleged representation enclosed to the petition is devoid of details of the shops, names of the owners etc., even to consider permission. In reply, the learned counsel for the petitioner submitted that though the representation was given to the authorities, they had not given any acknowledgement. He further submitted that the petitioner is ready to submit a fresh representation, if necessary, with all required details and the same may be considered by the authorities within a short period, as the festival is fast approaching. He requested to dispose of the writ petition and to give liberty to the petitioner to submit a fresh representation and to direct the authorities to consider the in the light of the permission granted by the college committee. Upon consideration of the submissions made on both the sides, this writ petition is disposed of, directing the petitioner to submit a fresh representation with all necessary details to all the concerned authoritiee, and upon such representation made, the same shall be decided by the authorities within two days. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR that no that the 4. same. 5. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat Buildings Amaravathi, Guntur District, Andhra Pradesh The Commissioner of Police, Vijayawada. The Station House Officer, Suryaraopet Police Station, Vijayawada. 2. 3. / V w 4 4. The District Fire Control Officer, D.No 28-01-30, Arundalpet, Eluru Road, Vijayawada. 5. The Tahsildar, Vijayawada. 6. The Municipal Commissioner, Vijayawada Municipal Corporation, Vijayawada. 7. Satavahana College, Vijayawada Correspondent Vijayawada. 8. OneCCto SRI. V R MACHAVARAM Advocate [OPUC] 9. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 10. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 11. One CC to Sri S V S S Siva Ram, Advocate [OPUC]. 12. Two CD Copies. Represented by it's AL HIGH COURT CC TODAY DATED:10/10/2025 ORDER WP NO. 28094 OF 2025 13 X m ^ . Current Seciion ^ DISPOSING OF THE W.P. WITHOUT COSTS ■» '"’"T