APHC010551982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28984 OF 2025 Between: 1. SOMPALLI SANTHAMMA,, W/O LATE KOTAIAH AGED ABOUT 76 YEARS,R/O- H.NO. 8-9-24, LINGA RAO STREET, NEARZANDA CHETTU, BALAJIRAOPET, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, PRIME HILLS CREST,4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESAWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH- 522501 2. THE TENALI MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER TENALI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. KONDEPU SAI TEJA, S/O LATE KONDEPU SRIRAMULU, AGED ABOUT 32 YEARS, R/O- D.NO.8-19-58, OPPOSITE TO RAILWAY STATION, TENALI, GUNTUR DISTRICT, TENALI ...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 2 pleased topleased to pass an order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents No.2 in issuing the Trade license vide TL/00573/2016 in favour of Respondent No.3 as illegal, arbitrary, mala fide and against the Constitutional guarantees more particuia.dy violative of Article 300A of the Constitution of India in the interests of justice and consequently direct the Respondent authorities to consider the representation dated 06.09.2025 by the Petitioner herein and cancel the trade license issued in the name of Respondent No.3 on behalf of Santamma Cool Drinks Counsel for the Petitioner: 1. UMESH CHANDRA P V G Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following ORAL ORDER: Heard Sri P.V.G. Umesh Chandra, Ld. Counsel for the Writ Petitioner and Ms. Sireesha Rani Vallabhaneni, Ld. Standing Counsel for the Municipalities. 2. Vide Order dated 28.11.2025, this Court had directed the Ld. Counsel for the Writ Petitioner to take out personal notice on Unofficial Respondent No.3 by RPAD and file proof of service in the Registry. Despite grant of opportunity to serve on the Unofficial Respondent No.3, the Writ Petitioner herein, till today, could not serve the personal notice on the Unofficial Respondent No.3. Memo filed on 17.12.2025 by the Ld. Counsel for the Writ Petitioner would indicate that the notice sent by the Ld. Counsel has not been served on the Unofficial Respondent inasmuch as the 1st postal endorsement indicates that „addressee left without instruction‟ on 02.12.2025; and, the 2nd postal endorsement dated 06.12.2025 indicate that the notice could not be delivered due to “insufficient address”. Despite this, the Writ Petitioner has not evinced any interest in taking steps to serve on the Unofficial Respondent No.3 by substituted service. 3. The present Writ Petition is filed seeking the following relief: “Hence, it is prayed that Hon’ble Court may be pleased to pass an order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents No.2 in issuing the Trade license vide TL/00573/2016 in favour of Respondent No.3 as illegal, arbitrary, mala fide and against the Constitutional guarantees more particularly violative of Article 300A of the Constitution of India in the interests of justice and consequently direct the Respondent authorities to consider the representation dated 06.09.2025 by the Petitioner herein and cancel the trade license issued in the name of Respondent No.3 on behalf of “Santamma Cool Drinks” and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case.” 4 4. The Ld. Counsel for the Writ Petitioner would submit that the Writ Petitioner is presently holding Trade License for the financial year 2025-2026; and that she has paid an amount of Rs.1575/- on 07.05.2025 and running her Cool Drink business in the name and style of “Santhamma Cool Drinks”. 5. He would further submit that the present Writ Petition is filed challenging the Trade License which is granted to the Unofficial Respondent No.3 for the Financial Years 2016-2022. Ld. Counsel for the Writ Petitioner would also submit that the Official Respondents herein have granted Trade License to the Unofficial Respondent No.3 without verifying the documents. He would also submit that based on the untenable documents, the Unofficial Respondent No.3 has been issued the Trade License for the financial years 2016-2022. He would submit that if this Court verifies the correctness of the Official Respondents in granting Trade License to the Unofficial Respondent No.3 and holds it to be illegal, he would have an occasion to claim damages from the Official Respondents for not granting the Trade License to the Writ Petitioner from 2016-2022. 6. It transpires from the record that Sri Sai Teja (Respondent No.3) has filed O.S.No.149 of 2021 against the Writ Petitioner and her son by name Sompalli Sreenivasa Rao in the Court of the Principal Civil Judge (Junior Division), Tenali seeking Permanent Injunction. The Unofficial Respondent No.3 has also filed I.A.No.301 of 2021 in O.S.No.149 of 2021 under Order 39 Rule 1 and 2 of the C.P.C seeking temporary injunction. It is also stated that in the month of March-2021, an Interim Injunction has been granted in favour of the Plaintiff/Unofficial Respondent No.3 by recording that prima facie it is disclosed that the Plaintiff/Unofficial Respondent No.3 herein is in possession and enjoyment of the Petition schedule property. Ld. Trial Judge has therefore, directed the defendants (the Writ Petitioner herein and her son) not to interfere with the peaceful possession and enjoyment of the Plaintiff/Unofficial Respondent No.3 herein. It also transpires that the suit bearing O.S.No.149 of 2021 filed by the Unofficial Respondent No.3 before 5 the Principal Civil Judge (Junior Division), Tenali was dismissed for default on 16.04.2024. 7. On perusal of the contents of the Plaint filed by the Unofficial Respondent No.3 and the Written Statement filed by the Writ Petitioner herein and her son, it appears to the Court that there has been lot of bad-blood prevailing between the Writ Petitioner and her son on one hand and the Unofficial Respondent No.3 who is the daughter‟s son (grandson) of the Writ Petitioner herein. 8. This Writ Petition is filed on 14.10.2025. On the face of it, even assuming that this Court would hold that granting of the license to the Respondent No.3 from 2016-2022 is illegal, limitation period to claim damages against Respondent No.3 or the Official Respondents is also gone long time ago and the Writ Petitioner would not be entitled to any relief as this Writ Petition cannot be maintainable because the cause of action is beyond limitation. Leaving aside the law on limitation, this Court would not hesitate to hold that the present Writ Petition suffers from the vice of delay and laches and it is liable to be dismissed on the sole ground that the Writ Petitioner has not explained the delay and laches in the Affidavit filed in support of this Writ Petition. This apart, if the Writ Petitioner is of the view that the Unofficial Respondent No.3 has been illegally granted the Trade License in the year 2016 by the Official Respondents, approaching this Court in October-2025 for seeking declaration that the grant of Trade License by the Official Respondents to Unofficial Respondent No.3 for the periods from 2016-2022 is illegal is hopelessly hit by delay and laches. In any case, this Writ Petition is therefore not only hit by delay and laches, but is also an abuse of process. Since this Writ Petitioner is a small Trade Licensee, this Court would desist from imposing exemplary costs despite holding that the present Writ Petition is an abuse of process. 9. Accordingly, this Writ Petition is dismissed. No order as to costs. 6 10. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 18.02.2026 Mnr 7 167 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.28984 OF 2025 Dt.18.02.2026 Mnr