Andhra Pradesh High Court Weekly Roundup: May 12- May 18, 2025

Nominal Index

A.B. Venkateswara Rao, IPS v. The State of Andhra Pradesh – LiveLaw 2025 (AP) 88
K. Mohan Rao v. The Superintendent of Police, Srikakulam District and others – LiveLaw 2025 (AP) 89
M/s. CBWTF Association of Andhra Pradesh v. Union of India – LiveLaw 2025 (AP) 90
M/s Acme Fitness Pvt Ltd v. The State Of AP and Others – LiveLaw 2025 (AP) 91
Ravi Ramesh v. The Union Government Of India and Others – LiveLaw 2025 (AP) 92
Gonabavi Jani v. The State Of Andhra Pradesh and Others – LiveLaw 2025 (AP) 93
Vennapusa Raghunath Reddy v. The State of Andhra Pradesh and others – LiveLaw 2025 (AP) 94
S.S. Karri & Another v. Deputy Registrar – LiveLaw 2025 (AP) 95
Seelam Atma Rao v. The State Of Andhra Pradesh and Others – LiveLaw 2025 (AP) 96
Valluru Siva Prasad v. The District Registrar Registration Stamps Guntur – LiveLaw 2025 (AP) 97

Judgments/Final Orders

Andhra Pradesh HC Quashes Case Against Ex-ADGP Accused Of Misusing Office While Upgrading Surveillance Systems, Calls It His "Bounden Duty"

Case Title: A.B.Venkateswara Rao, IPS v. The State of Andhra Pradesh

Case Number: CRIMINAL PETITION No. 4675 of 2022

Citation: LiveLaw 2025 (AP) 88

The Andhra Pradesh High Court has quashed charges against A.B.Venkateswara Rao, former Additional Director General of Police for the intelligence department, accused of misusing his office by benefiting a third party, allegedly managed by his son, and causing loss to the government exchequer.

He was initially accused of committing offences under Section 13(1)(d) read with Section 15 of the Prevention of Corruption Act 1988, Section 7(a)(c) Prevention of Corruption (Amendment) Act 2018 and Sections 409, 420, 120-B and read with section 511 of the Indian Penal Code (IPC).

Highlighting the role of the intelligence department and the duty of the petitioner, as the Head of the Intelligence Department, to adapt to the evolving needs of surveillance, a Single Judge Bench of Justice Harinath N, held,

“Maintenance of Law and Order would largely depend on the inputs of the Intelligence Department. The intelligence inputs of the Intelligence Department plays a crucial role in crime prevention, Law Enforcement, National Security, Internal security, Counter Terrorism, Public Order apart from a host of other challenges faced on a day to day basis in maintaining Law and Order. The petitioner as the then Head of the Intelligence Department had the bounden duty to adopt the changing technology and attempted to upgrade the surveillance system of the state police. In the said process he had proposed for procuring the surveillance equipment from a supplier whose equipment would meet the requirements of the state police.”

Preliminary Enquiry Loses Significance Once Regular Enquiry Is Initiated By Issuing Charge Sheet To Delinquent: Andhra Pradesh High Court

Case Title: K. Mohan Rao v. The Superintendent of Police, Srikakulam District and others

Case Number: W.P.(AT) No.78 of 2021

Citation: LiveLaw 2025 (AP) 89

The Andhra Pradesh High Court has held that a preliminary enquiry loses its significance once regular enquiry is initiated and a major penalty cannot be imposed on the basis of the preliminary enquiry, particularly once the regular enquiry has been initiated by issuing a charge sheet.

Explaining further, a Single Judge Bench of Justice Sumathi Jagadam held,

“Once the Enquiry Officer has held that the charge is not proved, the 1st respondent cannot impose the major penalty based on the preliminary report. Since the preliminary enquiry cannot be used in regular enquiry, as the Charged Officer or the delinquent is not associated with it, and the opportunity to cross-examine the persons examined in such enquiry is not given. Using of such evidence would be the violation of the principles of natural justice. Moreover, the preliminary enquiry report loses its significance, once the regular enquiry is initiated by issuing the charge sheet to the delinquent.”

'Must Narrow Down Gaps For Effective Treatment': AP High Court Upholds New Gap Analysis Method To Treat Bio-Medical Waste

Case Title: M/s. CBWTF Association of Andhra Pradesh v. Union of India

Case Number: I.A.Nos.2 & 3 of 2025 in/and WRIT PETITION NO: 6365/2025

Citation: LiveLaw 2025 (AP) 90

The Andhra Pradesh High Court has dismissed a writ petition challenging the adoption of new methodology for conducting gap analysis related to Common Bio Medical Waste Treatment and Disposal Facilities (CBWTFs) on the ground that such cases fall within the domain of expert bodies where the Courts should exercise judicial restraint.

Highlighting the importance exploring new methods for narrowing gaps for effective waste treatment, a division bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati, explained,

“…it is needful to note that inadequate number of treatment facilities and treatment facilities with inadequate capacity to treat the waste generated may result in unscientific disposal of bio-medical waste to the detriment of public health. The guidelines and the methodology for conducting gap analysis must aim to ensure effective treatment of bio medical waste for protection of environment and public health. Therefore, the concerned Pollution Control Boards must always strive to explore the new methods and modalities to narrow down the gaps, if any, for ensuring compliance of the object of guidelines. Any attempt to curtail them from switching on to new methodology based on studies and adopting the methods followed by the nations across the globe would entail derailment of State's Constitutional obligation for providing pollution free environment and protection of natural environmental resources.”

Treadmills & Other Gym Equipment Qualify As 'Sports Goods' Under Entry 60 Of A.P. VAT Act: Andhra Pradesh High Court

Case Title: M/s Acme Fitness Pvt Ltd v. The State Of AP and Others

Case Number: W.P.NOs: 7514 of 2020, 20411, 20429 & 20551 of 2021

Citation: LiveLaw 2025 (AP) 91

The Andhra Pradesh High Court has held that while treadmills, dumbbells, rotators and fit-kit exercise kits, cannot be associated with one specific sport, these equipment are nonetheless used by sports persons to maintain physical fitness and thus fall in the description of “sports goods”.

While allowing a writ petition of a dealer of gym equipment who contended that such equipment related to sporting equipment, a Division Bench of Justice R. Raghunandan Rao and Justice B.V.L.N. Chakravarthi, explained,

“Weight lifting equipment, is connected to the sport of weight lifting and would therefore qualify to be treated as sports goods, even according to the interpretation placed by the 5th respondent that only goods which are directly associated with a sport can be treated as sports goods. The other goods, such as treadmill, dumbbells, rotators and fit-kit exercise kit cannot be associated with any one specific sport. However, the fact remains that every sports person has to maintain physical fitness and the goods mentioned are used for maintaining such physical fitness. In such circumstances, the goods mentioned above would also answer the description of sports goods as these goods are needed by sports persons to maintain themselves physically and to achieve the necessary physical fitness to participate in any physical sport.”

Mere Pendency Of FIR Not Bar For Renewing, Reissuing Passport: Andhra Pradesh High Court Reiterates

Case Title: Ravi Ramesh v. The Union Government Of India and Others

Case Number: WRIT PETITION NO: 13133/2025

Citation: LiveLaw 2025 (AP) 92

The Andhra Pradesh High Court has directed Vijaywada's Regional Passport Officer to renew/reissue the passport of a man, which was initially refused on the grounds that there was a FIR lodged against him for criminal breach of trust.

While disposing of the man's plea, Justice Subba Reddy Satti held that since the jurisdictional Court had not taken cognisance, in such a circumstance, “mere pendency of crime is not a bar for renewing/reissuing the passport.”

'Tainted Since Inception': Andhra Pradesh High Court Holds Opening Of Rowdy Sheet Invalid In Absence Of Evidence Of Threat To Public Peace

Case Title: Gonabavi Jani v. The State Of Andhra Pradesh and Others

Case Number: W.P.No. 7369 OF 2025

Citation: LiveLaw 2025 (AP) 93

The Andhra Pradesh High Court has set aside a rowdy sheet opened against an individual who was accused of committing offences under Sections 448 (house-trespass), 324 (voluntarily causing hurt by dangerous weapons) and 506 (criminal intimidation) r/w 34 of IPC, and was pending trial.

For reference, as per Police Standing Order (PSO) 736 of the Andhra Pradesh Police Manual, a rowdy sheet can be maintained against persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of peace, disturbance to public order and security. The police may also open history sheets for suspects. Suspects are those persons who are convicted under any section of the Indian Penal Code and who are considered likely to commit again. Persons who are not convicted but are believed to be addicted to crime are also treated as suspects. Ideally, such a history sheet should only be opened for persons who are likely to become habitual criminals.

While allowing a writ petition challenging the opening and continuation of a rowdy sheet against the petitioner, Justice Tarlada Rajasekhara Rao referred to the dictum of the Supreme Court in Kharak Singh v Union of India (1963) and held,

“…it is asserted that C.C.No.1793 of 2022 is pending for trial on the file Judicial Magistrate First Class Kalyandurgam for offences punishable under Sections 448, 324, 506 r/w 34 IPC. As per the A.P. Police Manual and also the principle laid down in the aforesaid judgments, it was not established no assertion that the writ petitioner's activities are prejudicial to the maintenance of public order or affecting peace and tranquility in the area with the reasoning. The opening of the rowdy sheet in the name of the petitioner therein was therefore tainted in law in its very inception.”

'Exceptional Case': AP High Court Permits Life Convict To Attend Son's Wedding Who Couldn't Be Released As Co-Convict Was Out On Parole

Case Title: Vennapusa Raghunath Reddy Vs. The State of Andhra Pradesh and others

Case Number: WRIT APPEAL NO: 597 of 2025

Citation: LiveLaw 2025 (AP) 94

The Andhra Pradesh High Court has permitted a life convict to attend the wedding ceremony of his son. While the life convict had been granted parole, his release was contingent on the return of another convict involved in the same offence who was out on parole at that time.

While referring to Rule 27 of the Suspension of Sentence on Parole Rules 2024, a Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao, held,

“In terms of Rule 27 of the Rules, it appears that the Superintendent of Central Prison is of the opinion that since there is already another convict namely Vemireddy Bala Chinnareddy on parole, granting parole to the petitioner's father would lead to law and order complications. However, considering the peculiar facts and circumstances of this case where the convict's son i.e., the petitioner herein is getting married on 11.05.2025, we feel that interests of justice, as an exceptional case, warrant that the petitioner's father be permitted to join the wedding celebrations on 10.05.2025 and 11.05.2025 under proper police escort.”

AP Cooperative Societies Act | Surcharge Proceedings Can Be Initiated Even During Liquidation Of Society: Andhra Pradesh High Court

Case Title: S.S. KARRI & ANOTHER v. DEPUTY REGISTRAR

Case Number: WRIT PETITION NO: 25007/2006

Citation: LiveLaw 2025 (AP) 95

The Andhra Pradesh High Court has dismissed a writ petition challenging the initiation of Surcharge Proceedings under Section 60 of the A.P Cooperative Societies Act on the ground that such proceedings are legally permissible even during the liquidation of a cooperative society.

After perusing Section 60 of the Act, which empowers the competent authority to initiate Surcharge Proceeding during the winding up of a society, Justice Gannamaneni Ramakrishna Prasad in his order said:

“The above provision clearly indicates that the Surcharge Proceeding can be initiated even by the Liquidator. The said provision would also clearly indicate that the Surcharge Proceeding would go on even during the process of winding up of the Society. In view of the very clear wording indicated in Section 60 of the Act, the submission of the learned Counsel for the Writ Petitioners pales-away, inasmuch as the said submission is directly in conflict with the Section 60 of the Act. Unfortunately, the impugned proceeding that was challenged way back in the month of November, 2006, stood suspended by an Interim Order on 01.12.2006 (almost 19 years ago). In view of the above analysis, this Court is of the considered view that the Surcharge Proceeding under Section 60 of the Act can be initiated by the competent authority and to be proceeded with even during the course of the liquidation process.”

Municipal Commissioner's Satisfaction For Alteration Of Street Is Paramount, Private Owner's Consent Not Relevant: AP High Court

Case Title: Seelam Atma Rao v. The State Of Andhra Pradesh and Others

Case Number: WRIT PETITION No.2946 of 2024

Citation: LiveLaw 2025 (AP) 96

The Andhra Pradesh High Court has held that under Section 392 of the Greater Hyderabad Municipal Corporation Act, which restrains formation of any private street without the permission of the Municipal Commissioner, the consent of a private street owner who opposes alterations in the street has no relevance.

In this regard, a Justice Nyapathy Vijay, in his order said:

“The Section 392 ensures that streets formed align with the connecting roads in the city and ensures organised city development. The wording “to the satisfaction of Commissioner” in Section 392(2) reflects the wide amplitude of power of the Commissioner to make alterations in the street in question. The consent of private street owner is of no relevance for exercise of power under this Section.”

State & Its Agencies Are Expected To Be Model Litigants, Must Review Existing Policies To Avoid Frivolous Litigation: AP High Court

Case Title: VALLURU SIVA PRASAD v. THE DISTRICT REGISTRAR REGISTRATION STAMPS GUNTUR

Case Number: WRIT PETITION NO: 42457/2017

Citation: LiveLaw 2025 (AP) 97

The Andhra Pradesh High Court has recently underscored the dire need of the Central and State Governments to undertake a comprehensive revision of their existing litigation policies in order to ensure that unwarranted, repetitive, frivolous and vexatious litigation is reduced.

Highlighting the detriment of excessive and needless State-sponsored litigation, a Justice Subba Reddy Satti in his order said:

“The State or its instrumentalities are expected to be a model litigant and shall maintain ethical standards in prosecuting the litigation, being a compulsive litigant. Of late, this Court has noticed that the State or its instrumentalities are creating litigation and compelling individuals to approach the Courts. The State-sponsored litigation not only burdens the private parties but also undermines the credibility of the State as a responsible litigant.”

"It is, therefore, high time that both the Central and the State governments undertake a comprehensive revision of their existing litigation policies to ensure that unwarranted litigation is reduced. This Court hopes that if the litigation policy is implemented, it will not only curb frivolous, vexatious and repetitive litigations, but also protects the rights of private citizens and uphold the integrity of the justice system," the court added.