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2026 DAILYLAW 18595 (AP)

VUYYURU VENU GOPAL v. THE STATE OF ANDHRA PRADESH

WP/6556/2025 · 2026-01-28

Venkateswarlu Nimmagadda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010120852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6556/2025 Between: 1. VUYYURU VENU GOPAL, S/O SRINIVASARAO,AGED32 YEARS, R/O DR.NO.11-106, WATER TANK BAZAAR, CHEBROLU, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MEDICAL, HEALTH AND FAMILY WELFARE DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE GOVERNMENT GENERAL HOSPITAL, REP BY ITS SUPERINTENDENT, GUNTUR, GUNTUR DISTRICT 3. THE STATION HOUSE OFFICER, KOTHAPETA POLICE STATION, GUNTUR, GUNTUR DISTRICT. 4. SANGAM MILK PRODUCER COMPANY LIMITED, REP BY ITS MANAGER, SANGAM DAIRY, VADLAMUDI, S.JAGARLAMUDI GUNTUR DISTRICT. 5. CH RANI SURYA KALA, W/O TIRUMALAVASU, AGED 42 YEARS, R/O D.NO.136-11-691, ANJANEYA COLONY, SIVAREDDYPALEM, GUNTUR 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 order or direction more particularly in the nature of Writ Of Mandamus declaring the action of the respondent Nos.2 and 3 in not taking any actions against the respondent No.5 despite my clear appointment by the respondent No.4 and consequently direct respondent No.2 and 3 to took necessary actions in evicting respondent No.5 and handing me over the possession of the outlet as mentioned, and pass IA 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 the Interim Order direct the respondent Nos.2 and 3 to take steps in evicting respondent No.5 and handing over the possession of the outlet mentioned above to the petitioner, pending disposal of the writ petition in the interests of justice, and pass Counsel for the Petitioner: 1. G SRI HARSHA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MEDICAL HEALTH FW THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue an appropriate order or direction more particularly in the nature of Writ Of Mandamus declaring the action of the respondent Nos.2 and 3 in not taking any action against the respondent No.5 despite my clear appointment by the respondent No.4 and consequently direct respondent No.2 and 3 to took necessary actions in evicting respondent No.5 and handing me over the possession of the outlet as mentioned, and pass…” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The case of the petitioner herein is that he is aggrieved by the inaction of respondent Nos. 2 and 3 against respondent No. 5, even though the petitioner was appointed as a retail vendor in respect of Sangam Dairy milk products within the premises of CGH, Guntur General Hospital, Guntur. The petitioner submits that, despite his request for removal of respondent No. 5, against whom the 2nd respondent had already issued a notice dated 18.01.2024 stating that he is carrying on unauthorized business other than the sale of Sangam Dairy products, the authorities failed to take action as permitted. The petitioner therefore contends that, upon removal of the 5th respondent from the said premises, he ought to be inducted into the said premises by the 2nd respondent. In view of the action taken by the 4th respondent, who appointed the petitioner as retail vendor in respect of products of their company. Hence, the Writ Petition. 4. Learned Assistant Government Pleader submits that it is a dispute among the petitioner and respondent Nos.4 and 5 herein. He further submits that the petitioner and respondent Nos.4 and 5 are private parties and for any eviction and induction at the premises of 2nd respondent, it is for them to resolve their dispute by taking appropriate action in accordance with law, for which, the official respondents cannot be dragged into their disputes. 5. On perusal of the material on record and upon considering the submissions of both the learned counsel, this Court is of the view that there are no proceedings from the respondent Nos.1 to 3 herein either appointing or allocating any premises or shop in favour of the petitioner herein. 6. Admittedly, the dispute is among the petitioner and respondent Nos.4 and 5 herein. As long as the dispute is among the private parties without any involvement of official respondents, it should be resolved by initiating appropriate proceedings but not by invoking extraordinary jurisdiction of the Constitution of India. 7. In the instant case, there is no dispute regarding the appointment of shop vendor by the 4th respondent. The dispute lies among the petitioner and respondent Nos.4 and 5. Therefore, the dispute among the unofficial parties herein should be resolved before the 4th respondent herein or by approaching appropriate authority, but not by the respondents. In the absence of any such element of any irregularity in the discharge of public duties on part of the official respondents, this Court has no jurisdiction to involve into the disputes between the private parties. 8. In view of reasons stated above, this Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 29.01.2026 M K K 266 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.No.6556 of 2025 Date: 29.01.2026 M K K