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2025 DAILYLAW 13796 (AP)

Meat and Poultry Corporation Ex - Employees Mutually Aided Co-Operative Society Ltd. v. State of Andhra Pradesh,

WP/9983/2022 · 2025-02-10

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010168402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 9983/2022 Between: Meat And Poultry Corporation Ex - Employees Mutually Aided Co-operative Society Ltd. ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR ANIMAL HUSBANDARY The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "…..to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 1st and 2nd respondents in issuing Memo.No.1664150/AH.II(1)/2022 Dated: 21.03.2022 and Memo.No.AHF02-28031/54/2021-K II SEC-DAH Dated 29.03.2022 and consequential proceedings of the 3rd respondent LR.ROC.No.216/T2022 Dated: 29.03.2022 as illegal, arbitrary, against principles of Natural Justice and violation of Article 21 of Constitution of India and consequently direct the respondents not to dispossess the petitioner from sales counter and feed godown at Plot No.17&18, Nellore Industrial Estate, Nellore by extending the lease period and pass such other order or orders….." 2. Learned counsel for the petitioner filed an affidavit and made a request, which is hereby extracted hereunder for facility for disposal of the Writ Petition: "On 30.03.2022, the petitioner association handed over Feed Mixing Plant Shed, finished products godown and raw material godown to the 3rd respondent. Only sales counter is in the possession of the petitioner from 30.03.2022. The measurement of said sales counter is only 22 Ft x 22 Ft i.e., 484 Sq.Ft. 3 The income derived from conducting business in the said sale counter is only source of income to all the members of petitioners society. For making alternative arrangement for conducting business, petitioner society require minimum 6 months time. On behalf of the petitioner, I undertake that petitioner society will vacate the premises within 6 months. Therefore, the petitioner requests this Hon’ble court to grant 6 months time to vacate the sales counter." 3. Without delving into the merits of the case, this Court is inclined to dispose of the Writ Petition, granting six months’ time to the petitioner to vacate the premises from the date of order and if the petitioner failed to vacate the premises, the respondent-authorities are at liberty to take possession of the subject premises in accordance with law by obtaining police force, if necessary. 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.02.2025 siva 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9983 of 2022 Date: 10.02.2025 siva