APHC010566852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29749/2024 Between:

1. W INGS LIFESTYLE, M.G. ROAD, REP. BY ITS MANAGING DIRECTOR, PANKAJ NAHATA, S/O NAGRAJ NAHATA, AGED ABOUT 50 YEARS, R/O 304, UMRAO KAMAL RAJ APARTMENT, SARDAR PATEL MARG, JAIPUR- 302001.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, LEGAL METROLOGY DEPARTMENT, SECRETARIAT BUILDINGS, ANDHRA PRADESH.

2. T HE INSPECTOR, LEGAL METROLOGY, WEIGHTS AND MEASUREMENTS DEPARTMENT, CIRCLE-1, VIJAYAWADA, NTR 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 a writ, order or direction particularly one in the nature of Writ of Mandamus to declare the Notice bearing No. PC/219/160/2024-25 /01 dated 24.11.2024 issued by the Respondent No.2 as manifestly arbitrary, per se illegal, capricious, whimsical, per se illegal, pre- determined, contrary and opposed to the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 besides being dehors jurisdiction and violative of Principles of Natural Justice and Articles 14, 19 and 21 of the Constitution of India and consequently to set-aside the same and/or pass IA NO: 1 OF 2024 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 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 vacate the interim order dated 18.12.2024 in W.P.No.29749 of

2024 and dismiss the Writ Petition IA NO: 2 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 may be pleased to hear the WP NO 29749 of 2024 under the caption "For Being Mentioned" to modift the interim order in WP NO 29749 of 2024 Dated 18.12.2024 as 3Months for Furnishing bank guarantees instead of 6months in favor of Respondent No.1 and pass Counsel for the Petitioner:

1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue a writ, order or direction particularly one in the nature of Writ of Mandamus to declare the Notice bearing No. PC/219/160/2024-25 /01 dated 24.11.2024 issued by the Respondent No.2 as manifestly arbitrary, per se illegal, capricious, whimsical, per se illegal, pre-determined, contrary and opposed to the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 besides being dehors jurisdiction and violative of Principles of Natural Justice and Articles 14, 19 and 21 of the Constitution of India and consequently to set-aside the same and/or pass….”

2. The petitioner herein is a company registered under the provisions of the Companies Act, 2013 and is being represented by its Managing Director. The petitioner company is a manufacturer and dealer of clothes across India. As a part of its business, the premises admeasuring 800 square feet in D.No.40-1-53, Revenue ward No.10, block 3, Benz circle, Vijayawada, NTRD district was leased out and after obtaining necessary trade license and permissions, the petitioner has been continuing its business by running a retail cloth store.

3. While the matter stood thus, on 24.11.2024, the 2nd respondent visited the petitioner’s clothing store and found that the size of the commodities were not declared in metric units as required under Rule 6(1)(f) and 26(f)(c) read with Section 4, 18(1) and 36(1) of the Lega