APHC010317852020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21019/2020 Between: 1. M/S. LAKSHMI CHANDANA AGENCIES., REP. BY ITS PROPRIETOR RAMESH RASAMSCTTY, S/O. ANJANEYULU, AGED ABOUT 27 YEARS, R/O.H.NO. 32/8/6, MERAKA STREET, KVR SWAMY ROAD, RAJAHMUNDRY, EAST GODAVARI DIST. A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF FOOD SAFETY, GOVERNMENT OF A.P., GOLLAPUDI, VIJAYAWADA. 3. THE STATE OF A P, REP. BY ITS PRL. SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI. 4. THE DIRECTOR GENERAL POLICE, GOVERNMENT OF A.P., MANGALAGIRI, GUNTUR DISTRICT. 5. THE UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, ROOM NO.348, A WING, NIRMAN BHAVAN, NEW DELHI. ...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 topleased to issue an appropriate Writ, Order or Direction, more 2 particularly one in the nature of Writ of Mandamus, declaring the Notification vide Notifications No 68 dt.10-01-2020 and No318/FSSA/AP/2014-19, Dt 08- 01-2020 issued by the 2nd respondent without any authority or power and without jurisdiction imposing ban on the tobacco products as illegal, arbitrary, unjust, malafide, against to the fundamental rights guaranteed under Article 14 and 19(1)(g) of the constitution of India and against to the settled principles of law and consequently set-aside the same and to pass IA NO: 1 OF 2020 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 stay all further proceedings in impugned Notification i.e., Notification No: 68 dt.10-01-2020 and No: 318/FSSA/AP/2014-19, Dt 08-01- 2020 issued by the respondents 1 and 2, by directing the respondents not to interfere with the business of selling tobacco products by the Petitioner firm, pending disposal of WP, and pass Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR MED HEALTH AND FAMILY WELFARE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21019/2020 ORDER: It is observed that the present Writ Petition is filed challenging the notification dated 08.01.2020 issued by the 2nd respondent. The said notification was issued imposing of prohibition on manufacture, storage, distribution, transportation or sale of Gutka and panmasala etc., for a period of one year. The said period of one year was already lapsed. As such no cause survives for further adjudication and the matter becomes infructuous. 2. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 11.02.2026 TPS 4 31 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21019/2020 11.02.2026 TPS