APHC010088002021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5131/2021 Between: 1. GOLLA SIVA NAGA RANI, W/O MOHANA RAO, AGED ABOUT 32 YEARS, OCC- HOUSEHOLD, R/O DOOR NO. 3-60, EDARA VILLAGE, AGIRIPALLE MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, PROHIBITION AND EXCISE DEPARTMENT, REP. BY IT'S PD SECRETARY, SECRETARIAT, VELAGAPUDI VILLAGE,GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI. MACHILIPATNAM. 3. THE SUPERINTENDENT, , PROHIBITION AND EXCISE, VIJAYAWADA, KRISHNA DISTRICT. 4. THE INSPECTOR, PROHIBITION AND EXCISE, NUZVID, KRISHNA DISTRICT. 5. NAKKABOYINA GOPALA RAO, S/O AMMAIAH, AGED ABOUT 32 YEARS, OCC- BUSINESS, R/O BODDANAPALLI VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT. ...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 to issue an appropriate Writ, order or direction, more particularly one 2 in the nature of Writ of Mandamus, declaring the action of respondents in not paying the rent for the use and occupation of the petitioner shed and land in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District for running retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, as illegal, arbitrary and contrary to the law and against Art. 300-A of the Constitution of India , and consequently direct the respondents to pay entire arrears of rent from the month of September- 2019 to 25-02-2021 in respect of retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District, and to pass 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 respondents to pay entire arrears of rent from the month of September- 2019 to 25-02-2021 in respect of retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District. pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5131 OF 2021 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not paying the rent for the use and occupation of the petitioner shed and land in survey No.486/3A of Edara Village, Agiripalli Mandal, Krishna District, for running retail liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District, as illegal, arbitrary and contrary to the law and against Art.300-A of the Constitution of India, and consequently direct the respondents to pay entire arrears of rent from the month of September-2019 to 25-02- 2021 in respect of retail liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No.486/3A of Edara Village, Agiripalli Mandal, Krishna District, and to pass such other order or orders…” 2. Heard Sri Sreenivasa Rao Velivela, learned counsel for petitioner and learned Government Pleader for Prohibition and Excise for respondent Nos.1 to 4. 3. The short grievance of the petitioner is that the respondents have failed to pay the rent for the use and occupation of the petitioner’s shed and land in survey No.486/3A of Edara Village, Agiripalli Mandal, Krishna District, where retail liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District, is being operated. The present writ petition is filed seeking a direction to the respondents to pay entire arrears of rent from the month of September 2019 to 25.02.2021 in respect of liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District. 4 4. Despite lapse of five years, no counter-affidavit has been filed by the respondents. Referring the proceeding public information, the learned Assistant Government Pleader would submit that the respondents have not entered into agreement with the petitioner and in the absence of any agreement or drafted contract, evident has to be led and this Court is not appropriate forum to resolve the issue. 5. The agreement produced by the petitioner along with the writ affidavit does not disclose that any rental agreement executed by the respondents infavour of the petitioner. Whether the respondents have occupied the petitioner’s premises remains a disputed question of fact, which cannot be resolved in these proceedings and must be adjudicated. 6. There are a line of decisions where the contract entered into between the State and the persons aggrieved is non-statutory and purely contractual and the rights are governed only by the terms of the contract, no writ or order can be issued under Article 226 of the Constitution of India. 7. On examining the facts of the case, the issue relates to contractual obligations, whether there is an agreement in between the petitioner and the respondents, and in the absence of an agreement or concluded contract, is are all disputed question of facts involved, requiring evidence to be led to resolve the issue. This Court under Article 226 of the Constitution of India cannot adjudicate upon the disputed facts and in such case the writ may not ordinarily be an appropriate remedy to the petitioner. 5 8. The Supreme Court in Godavari Sugar Mills Ltd. v. State of Maharashtra1 and Joshi Technologies International Inc. v. Union of India2 has held a writ petition to be not maintainable in contractual matters. 9. Therefore, the present Writ Petition is dismissed. However, the petitioner is at liberty to approach appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 20.01.2026 KBN 1 (2011) 2 SCC 439 2 (2015) 7 SCC 728 6 57 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5131 of 2021 Date: 20.01.2026 KBN