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2025 DAILYLAW 8884 (AP)

M. Prasad v. The State of Andhra Pradesh,

WP/5309/2024 · 2025-08-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010097302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5309/2024 Between: M. PRASAD, S/O. NARASIMHULU, AGED ABOUT 47 YEARS, R/O H.NO 7-6-238, 1ST LINE, VASANTHARAYAPURAM, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH-522002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, OLD GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in restricting the Petitioner from running the Fast Food stall in APSRTC N.T.R. Bus Station , Guntur , 24 hrs x 7 days as illegal, arbitrary, and contrary to the provisions of the shops and Establishments, and principles of natural justice besides violation of Article 19 and 21 of the Constitution of India Act and consequently direct the respondents not to interfere with the running of the fast food business in stall no.2 and 43 located in NTR Bus station, every day ” 2. Heard Sri K.V.Raghuveer, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. It is represented by the learned counsel for the Petitioner and acceded to, by the learned Assistant Government Pleader that the subject matter of this Writ Petition is squarely covered by the Order passed by a Coordinate Bench of this Court in W.P.No.25092 of 2020, dated 29.12.2020, wherein it was held as follows: “7. Therefore, in view of the submissions made by both counsels, respondents 1 to 5 are directed not to interfere with the business being conducted by the petitioner subject to following the guidelines issued by the Ministry of Home and other State Government Departments. With the above directions, this Writ Petition is disposed of with the consent of both the counsels.” 4. Hence, following the above said Order passed by a Coordinate Bench of this Court, considering the submissions made by the learned counsel on either side and taking into consideration of the facts and circumstances of the case, this writ petition is disposed of. 3 5. In the result, the Writ Petition is disposed of directing the Respondents not to interfere with the fast food business being conducted by the Petitioner in Stall Nos.2 and 43 located in NTR Bus Station, Guntur. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.08.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.5309 of 2024 Dt.20.08.2025 DInesh