APHC010099722013 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: 8656 OF 2013 Between:

1. Sree Suseela Cotton Corporation, represented by its Proprietor, Anumukonda Venkataramana Rao, S/o Suryanarayana Rao, aged about 52 years, Occupation : Business, D. No. 12-6-5B, Ganrswara Rao Street, Kothapet, GUNTUR-522 001(A. P.).

...Petitioner AND

1. The Government of Andhra Pradesh, Represented by the Principal 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 Nellore Cooperative Spinning Mills Ltd, and Assistant Director of Handlooms & Textiles, Railway Feeders Road, NELLORE-524

004(A.P.)

4. Liquidator Rajahmundry Cooperative Spinning Mills, Rajahmundry, E. G. District and Assistant Director, Handlooms & Textiles, KAKINADA, East Godavari District

5. State of Andhra Pradesh, represented by Principal Secretary, Public Enterprises Department, Secretariat, Velagapudi. R5 is impleaded as per Order of the Court dt.11.01.2024 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 petitioner firm is entitled to, as per their entitlement, is illegal and discriminatory and further direct the respondents herein to pay the entire dues payable to the Petitioner Firm herein as per their entitlement, i.e. 1) Rs. 9,13,958/- (rupees nine lakhs thirteen thousand nine hundred and fifty eighty only) from the 4th Respondent herein, i.e., Rajahmundry Cooperative Spinning Mills Ltd., Rajahmundry and 2) Rs.4,08,808/-(rupees four lakhs eight thousand eight hundred and eight only) from the 3rd Respondent herein i.e., Nellore Cooperative Spinning Mills Ltd., Nellore forthwith along with interest at 24% per annum from the date of dues till the date of payment and to pass IA NO: 1 OF 2013(WPMP 10792 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 direct the Respondents herein to pay 50% of the total dues payable i.e., out of the total amount of Rs.9,13,958/- (rupees nine lakhs thirteen thousand nine hundred and fifty eighty only) from the 4th Respondent herein, i.e., Rajahmundry Cooperative Spinning Mills Ltd., Rajahmundry and Rs.4,08,808/-(rupees four lakhs eight thousand eight hundred and eight only) from the 3rd Respondent herein i.e., Nellore Cooperative Spinning Mills Ltd., Nellore forthwith pending disposal of the above writ petition and to pass 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 WP.No.8656 of 2013 and to pass Counsel for the Petitioner: 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.8656 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 the dues for which the petitioner firm is entitled to, as per their entitlement, is illegal and discriminatory