IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12702 OF 2023 Between: SP Cashew Industries, Budarayavalasa Village, Merakamudidam Mandal, Vizianagaram District. Rep' by its Occupier CUM Manager Mr. Yelakala Lakshmana Rao. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep' by its Principal Secretary, Department of Industries and Commerce, Velagapudi Guntur District Andhra Pradesh. 2. The Director of Factories, Department of Factories, Patamatalanka, Benz Circle, Vijayawada, Andhra Pradesh 520010. 3. The Deputy Chief Inspector of Factories, Vizianagaram Vizianagaram District. ...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 a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of 3'^'^ Respondent herein in issuing Letter No. 283071/2023 dated 24.04.2023 cancelling License No. 1625 and Registration No. 2002 and Layout Plan Approval bearing No. R.Dis.AI/376/2018 dated 06.03.2018 and in issuing the show cause notice vide B1 No. 284575/2023 dated 24.04.2023 proposing to initiate prosecution against the Petitioner vide Inspection Order bearing R.No. FIR /2023 dated 24.04.2023 as being violative of the fundamental rights of the Petitioner guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the Letter No. 283071/2023 dated 24.04.2023 and the show cause notice vide B1 no. 284575/2023 dated 24.04.2023 issued by 3'^'^ Respondent. lA 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 direct the 3'^'^ Respondent herein not to take any coercive steps against the Petitioner. lA NO: 2 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 direct the 3"'^ Respondent to permit the Petitioner to carry out its manufacturing activity from its premises in Budarayavalasa Village, Merakamudidam Mandal, Vizianagaram District by suspending Letter No. 283071/2023 dated 24.04.2023 and show cause notice vide B1 no. 284575/2023 dated 24.04.2023 issued by the 3'^'^ Respondent. lA NO: 3 OF 2023 Between: The Deputy Chief Inspector of Factories, Vizianagaram Vizianagaram District. ...PETITIONER/RESPONDENT AND 1. SP Cashew Industries, Budarayavalasa Village, Merakamudidam Mandal, Vizianagaram District. Rep' by its Occupier CUM Manager Mr. Yelakala Lakshmana Rao. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep' by its Principal Secretary, Department of Industries and Commerce, Velagapudi Guntur District Andhra Pradesh. 3. The Director of Factories, Department of Factories, Patamatalanka Benz Circle, Vijayawada, Andhra Pradesh 520010. ...RESPONDENTS/RESPONDENTS 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 vacate the interim orders dated 12.05.2023 in WP No. 12702 of 2023 and dismiss the Writ Petition. lA 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 to pass extension of interim orders dated 12.05.2023 passed in I.A No. 1 of 2023 in W.P. No.12702 of 2023. Counsel for the Petitioner : Ms. K. ANJANA, LEARNED COUNSEL REPRESENTING SMT. JYOTHI RATNA ANUMOLU Counsel for the Respondents: SRI RASHEED, ASST.GP FOR INDUSTRIES COMMERCE The Court at the stage of admission made the following: ORDER ^'5 SRS,J W.P.No.12702 012023 APHC010241642023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12702/2023 Between: Sp Cashew Industries ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.JYOTHI RATNAANUMOLU Counsel for the Respondent(S): 1.GP FOR LABOUR 2.GP FOR INDUSTRIES & COMMERCE The Court made the following order: Heard Ms. K. Anjana, learned counsel representing Smt. Jyothi Ratna Anumolu, learned counsel for the petitioner and Sri Rasheed, learned Assistant Government Pleader for Factories, for respondents 2 and 3. 2. The above writ is filed to declare 1) letter No.283071/2023 dated 24.04.2023 issued by respondent No.3 calling upon the petitioner to submit explanation as to why the license No.1625 (registration No.2002) and layout plan approval bearing No.R.Dis.A1/376/2018 dated 06.03.2018 shall not be cancelled and further directing the petitioner to submit explanation along with W.P.No.l^ !% the necessary documents; 2) show cause notice issued vide B1 No.284575 / 2023 dated 24.04.2023 proposing to initiate prosecution against the petitioner and 3) the proceedings issued vide R.No.FIR/2023 dated 24.04.2023, as illegal and arbitrary. The averments in the,affidavit pertinent to adjudicate the issue are that t the petitioner was granted the necessary licenses and permissions to operate a cashew nut industry: however, in the permission survey No. 182-73 was mentioned. The industry/unit was constructed and is being run in survey No. 14-4. The petitioner made an application to the authorities stating that in the license and permissions, the survey number was erroneously mentioned 182-73 instead of survey No. 14-4 and requested the authorities to rectify the mistake. The said application is still pending. Without considering the petitioner’s application, the authorities have issued a show cause notice vide B1 No.284575 of 2023 dated 24.04.2023; R.No.FIR/2023 dated 24.04.2023 and letter A.No.283071/2023 dated 24.04.2023 to the petitioner. 3. as Before issuing the aforementioned notices, letter A.No.283071/2023 dated 20.03.2023 was issued to the petitioner, requesting to submit all the relevant documents. 4. The petitioner submitted an explanation dated 01.05.2023 (Ex.P13) and thereafter filed the above writ petition. 5. An interim order was granted on 12.05.2023. 6. Pending the writ petition, respondent No.3 issued proceedings vide Lr.No.284575/2023 dated 25.05.2023. The operative portion of the letter reads as under; 7. “Further, it is informed that SP cashew industries is situated iii survey No. 14-1 and 14-4 but the clearances are obtained for installation of the unit in survey No. 182-73. The clearances are valid for the premises covered in survey No. 182-73 only. Hence, the survey number ofs SRSJ W.P.No.12702 of 2023 ^.4 can’t be corrected in the previous clearances issued as per the Act. A new licence application has.to be submitted for installation of the unit in sy no 14-1 & 14-4 duly submitting the required undisputed valid documents for getting the clearances.” 8. At this juncture, learned counsel for the petitioner would submit that the petitioner will submit a fresh application by annexing all the documents. Learned Assistant Government Pleader for Factories, would submit that if the petitioner submits all the documents, by following the procedure, the authority will consider and pass appropriate orders, within four weeks. Given the facts and circumstances of the. case, without touching the merits of the matter, this writ petition is disposed of at the admission stage, with^he consent of learned counsel on either side giving liberty to the petitioner to make an application- by annexing all the documents, if necessary by paying the requisite fee, within ten days from today. Thereupon, the concerned authority under the Factories Act, 1984 or the relevant statutes, shall consider the same and pass appropriate orders strictly as per law, within four weeks thereafter. 9. 10. 11. Since the interim order granted by the court is subsisting till date, till a decision takes place, as referred to supra, the respondent No.3 shall not take any coercive steps qua the layout plan approval bearing No.R.Dis.A1/376/2018 dated 06.03.2018 and license bearing registration No.2002 dated 06.03.2018, issued in favour of the petitioner. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 2. The Director of Factories, Department of Factories, Patamatalanka Benz Circle, Vijayawada, Andhra Pradesh 520010. 3. The Deputy Chief Inspector of Factories, Vizianagaram Vizianagaram L/isirici. 4. One CC to Smt. Jyothi Ratna Anumolu, Advocate [OPUC] 5. Two CCs to GP for Industries and Commerce, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr HIGH COURT DATED:19/06/2025 ORDER WP.No.12702 of 2023 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS