HIGH COURT OF ANDHRA PRADESH
MAHESWARA RAO KUNCHEAM
SRI LAKSHMI NARASIMHA COTTON TRADERS &ANOT – Appellant
Versus
GOVT.OF AP SCY I&COMM HYD & 3 – Respondent
WP 15676/2013
APHC010427512013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15676 OF 2013 Between:
1. SRI LAKSHMI NARASIMHA COTTON TRADERS, rep. by the Proprietor, Konda Narasimha Reddy, S/o Konda Penchala Reddy, aged about 65 Years, Occupation : Business, present Head office at 63/2A, Simhapuri Estate, Etukur Road, GUNTUR-522 002(A.P.)., 2. Sri Lakshmi Narayana Cotton Traders, rep. by the Proprietor, Mamidi Chinna Yanadi Reddy, S/o Mamidi Rami Reddy, aged about 63 Years, Occupation : Business, Present Head Office at63/2B, Simhapuri Estate, Etukur Road, GUNTUR-522 002(A.P.).
...Petitioners AND
1. The Government of A.P., rep. by the Secretary, Industries & Commerce (Textiles) Department, Secretariat, HYDERABAD-500
063(A.P.).
2. Commissioner & Director of Handlooms & Textiles, and Development Commissioner for Apparel Expo Parks, Andhra Pradesh, B.R.K.R.Bhawan, HYDERABAD-500 063(A.P.).
3. Liquidator, The Raja Rajeswari Co-operative Spinning Mills Ltd., Sircilla, / Assistant Director of Handlooms & Textiles, Punnam Complex, Manldiarn Thota, KARIMNAGAR-505 001(A.P.).
4. Liquidator Nellore Cooperative Spinning Mills Ltd, Nellore / Assistant Director of Handlooms & Textiles, Railway Feeders Road, NELLORE-524
004(A. P.)
5. State of Andhra Pradesh represented by Principal Secretary, Public Enterprises Department, Secretariat, Velagapudi.
(R5 is impleaded as per Order of the Court dt.04.01.2024 vide order passed in I.A.No.1 of 2023).
...Respondents 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 to issue an order, direction or writ, more appropriately a WRIT OF MANDAMUS to declare the action of the Respondents in not paying the dues for which the Petitioners are entitled to as per their entitlement, is illegal and discriminatory and further direct the Respondents herein to pay the entire dues payable to the Petitioners herein as per their entitlement, i.e. (1) Sri Lakshmi Narasimha Cotton Traders, Guntur at Rs.29,20,465/- (rupees twenty nine lakhs twenty thousand four hundred and sixty five only) and (2) Sri Lakshmi Narayana Cotton Traders, Guntur at Rs.6,75,928/- (rupees six lakhs seventy five thousand nine hundred and twenty eight only) forthwith with interest at
24% per annum from the date of dues till the date of payment IA NO: 1 OF 2013(WPMP 18988 OF 2013 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 to direct the Respondent herein to pay 50% of the does payable to the Petitioners herein out of their total entitlement i.e., (1) Sri Lakshmi Narasimha Cotton Traders, Guntur at Rs. 29,20,465/- (rupees twenty nine lakhs twenty thousand four hundred and sixty five only) and (2) Sri Lakshmi Narayana Cotton Traders, Guntur at Rs.6,75,928/- (rupees six lakhs seventy five thousand nine hundred and twenty eight only) forthwith pending disposal of the above writ petition IA NO: 1 OF 2023 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 to implead "State of Andhra Pradesh, represented by Principal Secretary, Public Enterprises Department, Secretariat,Velagapudi" as the
5th Respondent in the above W.P.No.15676 of 2013 and to pass Counsel for the Petitioners: K RAJANNA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following order:
HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.15676 OF 2013
ORDER:
The instant writ petition has been filed under Article 226 of Constitution of India seeking the following main prayer:
“to issue an order, direction or writ, more appropriately a WRIT OF MANDAMUS to declare the action of the Respondents in not paying
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