IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4744 of 2008 BETWEEN The Velala Gram Panchayat, Jayapur Mandal, Adilabad District. ... PETITIONER AND The Dy. Superintendent of Police, Mancherial, Adilabad District and three others. ...RESPONDENTS Counsel for the Petitioner: MR. K. VASUDEVA REDDY Counsel for the Respondents: GP FOR HOME MR. CH. SATISH KUMAR The Court made the following order: ORDER: This writ petition is filed with a prayer, which reads as follows: “For the reasons stated in the affidavit, accompanying this Writ Petition, it is prayed that this Hon’ble Court may be pleased to issue a writ or order or direction, especially one in the nature of Writ of Mandamus: i. declare that the petitioner Gram Panchayat is having absolute power or jurisdiction to regulate the public markets and issuance of licenses/permits for private markets and also, collection of license or permit fee from the vendors for any business to conduct within the gram panchayat premises. ii. consequently declare the action of the respondents in interfering with the lawful activities of petitioner Gram Panchayat in issuing the licenses/permits to conduct business, in the Velala Village, including on the occasion of Jathara or Mahashivaratri as illegal, arbitrary and without any jurisdiction. iii. and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. It is the case of the petitioner – gram panchayat that during the celebration of Mahashivaratri, the gram panchayat issues necessary permits/licenses to interested vendors by charging necessary fee by conducting open auction. The grievance of the petitioner is that the fourth respondent – Executive Officer of the Mallanna Swamy Devasthanam, conducted a meeting on 03.03.2008 and informed that the gram panchayat cannot conduct any auction and issue liceses/permits during the Jathara to be held on the occasion of Shivaratri from 06.03.2008 to 08.03.2008 3. Under the scheme of the Andhra Pradesh Panchayat Raj Act, which is a self-contained legislation, there are various provisions, which govern the grant of licenses for doing trade. If any person intending to operate any trade, which is notified, such person is required to take license but without knowing the type of articles, which are being sold during the festival, there cannot be any declaration as sought by the petitioner in the present writ petition. If any person undertakes any activity without obtaining license it is for the petitioner – gram panchayat to take appropriate penal action but in the absence of any particulars, the petitioner cannot seek any declaration as prayed for. The writ petition is devoid of merits and it is accordingly dismissed. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J August 18, 2011 DSK