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APHC010080042024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY, THE TWENTY SECOND DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 4445/2024

Between:

1. SRI. KAKOLLU NAGESWARA RAO, S/O. MALAKONDAIAH, AGED

ABOUT 49 YEARS, R/O. PLOT NO. 209, SKT APARTMENT,

TEACHERS COLONY, PALWANCHA TOWN AND POST, KHAMMAM

DISTRICT, TELANGANA 507115.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL

SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDING,

VELGAPUDI, GUNTUR DISTRICT.

2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT.

3. THE STATION HOUSE OFFICER, OLD GUNTUR POLICE STATION,

GUNTUR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. K PALLAVI

Counsel for the Respondent(S):

1. GP FOR HOME

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with

the following prayer for:

“.... to issue an appropriate Writ more particularly one in the nature

of Writ of Mandamus declaring the action of the respondents herein

in restricting the running of the Food Court in APSRTC in Stall No.

87 located in NTR Bus Station Guntur, 24 hrs X 7 days as illegal,

arbitrary, opposed to the established principles of law, besides

violation of the mandates of the A.P. Shops and Establishments Act

and in violation of Fundamental Right as guaranteed Under Article

21 of the Constitution of India and consequently direct the

respondents herein to not to interfere with the running of the Food

Court Business everyday 24 hrs X 7 days.”

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2. Heard Smt K.Pallavi, learned counsel for the petitioner and Sri Ajay

Babu, learned Assistant Government Pleader for Home.

3. Learned Assistant Government Pleader for Home would submit that,

since the shop faces the road, the police initiated action to close the shop by

10:00 p.m. in order to avoid any law and order problems. Learned Assistant

Government Pleader would further submit that, in light of the interim orders

passed by this Court, the police are not interfering with the business activity of

the petitioner.

4. Learned counsel for the petitioner would submit that the petition may be

disposed of by recording the submissions made by the learned Assistant

Government Pleader for Home.

5. Considering the submissions made, the Writ Petition is disposed of.

However, the police are directed not to interfere in the business activities of

the petitioner except under due process of law. There shall be no order as to

costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand

closed.

__________________________________

Dr.VENKATA JYOTHIRMAI PRATAPA, J

Date: 22.12.2025

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

W.P.No.4445 of 2024

Dt..22.12.2025

Asr