B.Yesu Babu v. Joint Collector And Addl. District Magistrate,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 22117 of 2009 ORDER:

As there was no representation on behalf of the petitioners on 14.09.2015, the matter was listed to today under the caption "for dismissal". In spite of matter being posted under the caption "for dismissal" even today there is no representation on behalf of the petitioners either in the morning or in afternoon session. Hence, heard Government Pleader for Revenue, Sri V.Ch.Naidu, Government Pleader for Home, Sri Ancha Pandu Ranga Rao, learned Standing Counsel for respondent No.4, perused the record and disposed of the writ petition on merits.

The present writ petition came to be filed seeking issuance of writ of Mandamus declaring the action of respondent Nos.1 to 4 in refusing to receive the licence fee for establishing cracker shop at Gunta Grounds, Guntur District, pursuant to the representation dated 01.10.2009 as illegal, arbitrary and un-constitutional;

and consequently direct respondent Nos.1 to 4 to grant licence to the petitioners forthwith.

The averments in the affidavit filed in support of the writ petition would show that every year the petitioners used to install cracker shop at the respective places earmarked for the same by the respondents. On 06.04.2009 the petitioners made a representation through Andhra Evangelical Church for grant of licence to install crackers shop at Gunta Ground, Guntur.

The said application was forwarded to respondent Nos.1 to 4 on 01.10.2009. As their representation was not considered, the petitioners filed W.P.No.21517 of 2009 which was disposed of directing the respondents to consider the representation of the petitioners.

Pursuant to the directions the petitioners have approached respondent Nos.1 to 4 explaining the urgency as the

shops are to be installed from 14.10.2009 to 20.10.2009 only. The respondent Nos.1 to 4 failed to receive the licence fee and respondent No.3 did not grant licence for establishing the cracker shop. It is stated that respondent No.5, after changing the management of the association, who sponsored the names of the petitioners, approached for similar request for installing shop. Suppressing the existence of the order passed by this Court, he obtained orders from this Court in W.P.No.21839 of 2009 to consider his representation. Hence the writ petition is filed questioning the action of respondents in not giving permission/licence to establish cracker shop from 14.10.2009 till 20.10.2009.

By an order dated 14.10.2009 this Court directed the respondent Nos.1 to 4 to consider the application purported to have been filed by the petitioners for grant of licence to establish crackers shop at Gunta Grounds, Guntur in terms of the order passed by this Court in W.P.No.21517 of 2009 dated 08.10.2009 along with other applications pending.

Since the writ petition is filed to grant licence for establishment of cracker shop from 14.10.2009 till 20.10.2009, nothing survives in this writ petition at this point of time. Hence, the writ petition is closed. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall s tand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 15.09.2015 gkv