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2025 DAILYLAW 2339 (AP)

SHAIK MOHAMMAD SHAKEEL v. THE STATE OF AP

WP/630/2025 · 2025-02-18

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUAR>fS^, TWO THOUSAND AND TWENTY FIVE •■o' 4 r) \OW 'IH ^ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 630 OF 2025 Between: Shaik Mohammad Shakeel, Age 44 years, Occupation: Car Driver, S/o Abdul Salam. Proprietor, Salam Car Travels, R/o D.No. 53-8-1105, RTC Colony, Gandhi Nagar 2nd Line, Guntur, 522001, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, to Government, Department of Marketing and Cooperation, AP Secretariat, Velagapudi, Amaravati. 2. The Commissioner of Cooperation and Registrar of Cooperative Societies, D.No. 2-16-83, Skylark Towers, 11th Lane, Syamalanagar Guntur - 522006, Andhra Pradesh. ...Respondents Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to Issue may a writ, order, or direction, particularly a writ of Mandamus, deciaring the inaction of the respondents in considering my iatest representation dated 07.10.2024 and faiiing to reiease the due amount of Rupees 99,498/- as a violation of my fundamental rights under Articles 14, 15, 16, 19, 21, and 300-A of the Constitution of India. Direct the respondents to immediately release the pending car rental dues amounting to Rupees 99,498/-. lA 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 to direct the respondents to release the car rental dues of Rupees 99,498/- during the pendency of this writ petition, in the interest of justice. Counsel for the Petitioner: SRI. MD SALEEM PASHA Counsel for the Respondents; GP FOR COOPERATION The Court made the following order: APHC010001372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 630/2025 Between: ...PETITIONER Shaik Mohammad Shakeel AND ...RESPONDENT(S) The State of AP and others Counsel for the Petitioner: 1.MD SALEEM PASHA Counsel for the Respondent(S): 1.GP FOR COOPERATION The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.630 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue a writ, order, or direction, particularly a writ of Mandamus, declaring the inaction of the respondents in considering my latest representation dated 07.10.2024 and failing to release the due amount of Rs.99,498/- as a violation of fundamental rights under Articles 14, 15, 16, 19, 21 and 300-A of the Constitution of India and direct the respondents to immediately release the pending car rental dues amounting to Rs.99,498/- and to pass such other order or orders as this Hon’ble Court...” Heard the learned counsel for the petitioner and the learned 2. counsel for the respondents. It is the case of the petitioner that the petitioner has entered into 3. agreement with the Commissioner of Cooperation and Registrar of Cooperative Societies, who arrayed as 2^^ respondent, for providing their vehicles for the official use and on monthly hire basis with some terms and conditions. The respondents have not paid the amounts even after receipt of the representations and repeated requests of the petitioner to the 2"'^ respondent. Hence, the present writ petition is filed seeking a direction to the respondents to release the due amount of Rs.99,498/- on the ground that the act of the respondents amounts to violation of fundamental rights guaranteed under Articles 14, 15, 16, 19,21 and 300-A of the Constitution of India. 3 4. The 2'^'^ respondent/commissioner of Cooperation and Registrar of Cooperative Societies has addressed a letter to the learned Government Pleader for Cooperation, High Court of Andhra Pradesh vide letter dated 17.02.2025, which transpires that the respondents used the vehicles of the petitioner herein and they already submitted bills to PAO for payment of dues to the petitioner and the same were passed by PAO on 03.02.2025 with CFMS ID Nos.2259168, 2282246 and 2283156 and awaiting for fund clearance. nd respondent/ As per the letter addressed by the 2 5. Commissioner of Cooperation and Registrar of Cooperative Societies, the respondents are not disputed the amounts payable to the petitioner. Hence, this Court is inclined to dispose of the writ petition directing the respondents herein to pay the admitted amount to the petitioner herein within a period of four weeks from today, failing which, the respondents shall pay interest @ 9% per annum from the date of writ petition till the date of realization. Accordingly, the Writ Petition is disposed of. There shall be no 6. order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SOI- N.NAGA ASSISTANT R^ISTRAR MA / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Department of Marketing and Cooperation, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati. I 2. The Commissioner D.No. 2-16 - - 522006, Andhra Sri. Md Saleem of Cooperation and Registrar 1 th Lane, Societies, of Cooperative Syama/anagar, -83, Skylark Tower Guntur Pradesh. Pasha Advocate fOPucj Court OfAndh to GP for Cooperation, ra Pradesh. foUTJ GSC HIGH COURT DATED: 18/02/2025 ORDER WP.No.630 of 2025 & 0 7 MAR 2I?5 I ^ . Curr«nl Section DISPOSING OFTHE WP WITHOUT COSTS