Penuballi Nakshatra Vs the District… — Writ and Judicial Review | Andhra Pradesh HC (2026)

Penuballi Nakshatra Vs the District… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

No substantive relief. Writ petition dismissed as infructuous; liberty to file an appropriate application within two (02) months if the petitioner still feels the cause survives; no order as to costs; pending miscellaneous applications (including IA No. 1 of 2025) closed as a sequel.

Issue for consideration

Whether the SHO Memo dated 10-11-2025 rejecting the shifting of the A-4 shop from D.No. 12-21 to D.No. 12-9/1, Rajavommangi, is illegal, arbitrary, violative of Articles 14 and 19(1)(g), and contrary to Rule 24(4) and PESA, and ought to be set aside with directions to approve the shifting strictly in accordance with the Gram Sabha approval dated 18-10-2024 and the A.P. Excise Rules, 2024-26. (Raised by the petitioner; not adjudicated, as the petition was dismissed as infructuous.) +1 more

Ratio / Principle

The Court declined any further adjournment, noting there had been no representation on many occasions, and concluded that the petitioner's failure to remain in contact with her learned counsel clearly indicated she had no interest in prosecuting the writ petition.

Key takeaways

In view of the petitioner's lack of interest in prosecution, the Writ Petition was dismissed as infructuous.ratio¶33
Liberty was reserved to the petitioner: if she still feels that the cause survives, an appropriate application may be filed within a period of two (02) months; there shall be no order as to costs.ratio¶33
As a sequel to the dismissal, miscellaneous applications pending, if any, shall stand closed.ratio

Detailed headnote1 paragraphs

Writ Petition No. 32929 of 2025 (Penuballi Nakshatra v. The District Prohibition and Excise Officer, Alluri Sitarama Raju District, Paderu, and others), High Court of Andhra Pradesh at Amaravati (Sri Justice Ravi Cheemalapati), decided 15.07.2026. The petitioner, holding an A-4 excise shop, sought a writ of mandamus under Article 226 to declare illegal a SHO Memo dated 10-11-2025 rejecting the shifting of the shop from D.No. 12-21 to D.No. 12-9/1, Rajavommangi, alleging the rejection was arbitrary, violative of Articles 14 and 19(1)(g), contrary to Rule 24(4) and PESA, and inconsistent with the Gram Sabha approval dated 18-10-2024 and the A.P. Excise Rules, 2024-26; IA No. 1 of 2025 under Section 151 CPC sought the same interim. On the hearing date, counsel reported the petitioner was not in contact and instructions were needed. Finding repeated non-representation and concluding the petitioner had no interest in prosecuting the petition, the Court declined adjournment and dismissed the writ petition as infructuous, reserving liberty to file an appropriate application within two months if the cause survived; no costs; pending miscellaneous applications closed. The merits of the SHO Memo were not adjudicated.

[3332]

Date of reserved for orders : ……. Date of pronouncement : 15.07.2026 Date of uploading :

APHC010628712025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE 15^th DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 32929/2025

Between:

PENUBALLI NAKSHATRA, S/O SUBBARAO, AGED 38 YEARS, OCCDAILY WAGE LABOUR, R/O PALLIPALEM, PAKALA VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT.

...PETITIONER

AND

THE DISTRICT PROHIBITION AND EXCISE OFFICER, ALLURI SITARAMA RAJU DISTRICT, PADERU.

THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE STATION, RAMACHODAVARAM, ASR DISTRICT.

THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA.

THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, 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 topleased to issue an order or direction or writ more particularly one in the nature of Writ of Mandamus Issue a Writ of Mandamus deciaring the SHO Memo dated 10-11-2025 rejecting shifting of A-4 shop as illegal,

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arbitrary, violative of Articles 14 and 19(l)(g), contrary to Rule 24(4) and PESA, and set aside the same and consequently to Direct the respondents to consider and approve the shifting of the A-4 shop from D.No. 12-21 to D.No. 12-9/1, Rajavommangi, strictly in accordance with Gram Sabha approval dated 18-10-2024 and the A.P. Excise Rules, 2024 -26 and to 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 Pleased to Direct the respondents to consider and approve the shifting of the A-4 shop from D.No. 12-21 to D.No. 12-9/1, Rajavommangi, strictly in accordance with Gram Sabha approval dated 18-10-2024 and the A.P. Excise Rules, 2024 -26, pending disposal of the above writ petition. and to pass

Counsel for the Petitioner:

1.BILAAL AHMED SYED

Counsel for the Respondent(S):

1.GP FOR PROHIBITION EXCISE

The Court made the following:

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ORDER:

Learned counsel for the petitioner submitted that the petitioner is not in contact with him and that he needs to obtain instructions to ascertain whether the cause still survives.

This Court is not inclined to grant any adjournment, as there was no representation on many occasions. If the petitioner had any intention to prosecute the writ petition, she would definitely have been in contact with her learned counsel. Since she is not in contact with her learned counsel, it clearly indicates that she has no interest in prosecuting the writ petition.

In view of the above, the Writ Petition is dismissed as infructuous . However, if the petitioner still feels that the cause survives, an appropriate application may be filed within a period of two (02) months. There shall be no

order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.

_____________________________ JUSTICE RAVI CHEEMALAPATI

Date: 15.07.2026. JLV

Whether the order is:

Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

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166

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 32929/2025

Date: 15.07.2026 JLV