Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 24354 (AP)

LAKSHMI PHARMA v. THE STATE OF AP

WP/17600/2024 · 2025-07-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% APHC010342882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENi RAMAKRISHNA PRASAD WRIT PETITION NO: 17600 OF 2024 Between: 1. Lakshmi Pharma, Rep. By its Managing Partner: Mr. Ch.Srinivasa Rao S/o Ch.Nagabushanam, 3-4-1, Shop.No.12, VLR Commercial Complex, Kachiguda, Hyderabad- 27, Telangana State. 2. Lakshmi Pharma, Rep. By its Managing Partner: Smt. Ch.Janakamma W/o Ch.Srinivasa Rao, 3-4-1, Shop.No.12, VLR Commercial Complex, Kachiguda, Hyderabad-27, Telangana State. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services Department, Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravathi - 522503. 2. The Director of Insurance Medical Services, Kesineni Bus Yard, Kakni Venkata Ratnam Road, Enikepadu, Vijayawada, Andhra Pradesh - 521104. 3. The Director General, E.S.I. Corporation, Panchdeep Bhawan Road, New Delhi - 110002. C.I.G. 4. The Principal Accountant General (Audit), Door No. 27-37-158 , Stallin Central Mall, 8th Floor, MG Road, Governorpet, Vijayawada, Andhra Pradesh - 520002. ...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 % I pleased to issue an appropriate Writ, Order or Direction more particularlyone in the nature of Writ of Mandamus declaring the action of Respondents in issuing a Memo R.C. No. 1580031/CPS/2021 dated 04-12-2021 is illegal, arbitrary and against the principles of natural justice and accordingly suspend the said impugned memo and Consequently direct the Respondent No.2 to immediately release the pending payments to the petitioner, who is the authorized distributor of Rate Contract Holder (Pharma company) to the tune of Rs. 1,28,01,824/- (Rupees One Crore Twenty Eight lakhs One thousand Eight hundred and Twenty Four only) along with 12percent interest from the date of Eighteen (18) Invoices. 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 direct the respondent No. 2 to release the pending dues of Rs. 1,28,01,824/- (Rupees One Crore Twenty Eight Lakhs One thousand Eight Hundred and Twenty Four only) to the petitioner, who is the authorized distributor of Rate Contract Holder (Pharma Company), pending disposal of the above writ petition. Counsel for the Petitioners: SRI PETA GNANA TEJA Counsel for the Respondent No. 1: GP FOR LABOUR Counsel for the Respondent Nos. 3 and 4: M/S A V SAI LAKSHMI LD COUNSEL REPRESENTING SRI K SANGAN NAIDU SC FOR ESIC The Court made the following order: APHC010342882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17600/2024 [3328] THE Between: 1.LAKSHMI PHARMA, REP. MR.CH.SRINIVASA RAO SHOP.N0.12, HYDERABAD- 27, TELANGANA STATE. 2.LAKSHMI PHARMA, SMT.CH.JANAKAMMA SHOP.N0.12, HYDERABAD-27, TELANGANA STATE. BY ITS MANAGING PARTNER- 3-4-1, KACHIGUDA, S/0 CH,NAGABUSHANAM, VLR COMMERCIAL COMPLEX, ITS MANAGING PARTNER- W/0 CH.SRINIVASA RAO, VLR COMMERCIAL COMPLEX, REP. BY 3-4-1 KACHIGUDA, ...PETITIONER(S) AND STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, , BOILERS AND INSURANCE MEDICAL DEPARTMENT, BUILDING NO.5, ANDHRA PRADESH 1.THE LABOUR, FACTORIES SERVICES L _ SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522503. DIRECTOR OF INSURANCE MEDICAL SERVICES, KESINENI ENIKEPADU, 2.THE BUS YARD, KAKNI VENKATA RATNAM ROAD VIJAYAWADA, ANDHRA PRADESH - 521104. GENERAL, E.S.I. CORPORATION, PANCHDEEP BHAWAN C.I.G.ROAD, NEW DELHI - 110002. X 3.THE DIRECTOR PRINCIPAL ACCOUNTANT GENERAL AUDIT, DOOR NO. 27-37- 8TH FLOOR, MG ROAD, 4.THE STALLIN CENTRAL MALL, GOVERNORPET, VIJAYAWADA, ANDHRA PRADESH - 520002. 158, ...RESPONDENT(S); 2 Counsel for the Petitioner(S); 1.PETAGNANATEJA Counsel for the Respondent(S): 1.GP FOR LABOUR 2.KSANGAN NAIDU 3.KSWARNASESHU The Court made the following: ORAL ORDER: Heard Sri. Peta Gnana Teja, learned Counsel for the Writ Petitioners, Sri Abdul Rasheed, learned Assistant Government Pleader for Labour and Ms. A.V. Sai Lakshmi, learned Counsel representing Sri K. Sangan Naidu. learned Standing Counsel for ESIC. Sri Abdul Rasheed, learned Assistant Government Pleader for Labour has drawn the attention of this Court to the Para Nos.5 and 6 of the Counter Affidavit filed by the Respondent No.2 on 02.07.2025, which admits the claim amount of the Writ Petitioner for a sum of Rs.1,28,01,824/-. It is clarified by the learned Counsel for the Petitioners that the Writ Petitioners had re-submitted the fresh bills after making necessary entries the invoices in compliance with the Memo.R.C.No.1580031/CPS/2021 dated 04.12.2021. 2. 3. on 4. Having considered the admission of the Respondents, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents to pay a sum of Rs.1,28,01,824/-as full and final settlement within a period of sixteen (16) weeks from today, by completing all the inter-departmental and intra-departmental administrative process by cooperation and coordination between all the concerned departments and transfer the said amount to the bank accounts of the Writ Petitioners within a period of four (04) weeks thereafter. 3 ? ' Writ Petitioners are directed to submit copies of their bank account details to the Competent Authority forthwith, for effective compliance. With these observations and directions, the Writ Petition stands allowed to the extent indicated. No order as to costs. 5. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- !Vl. SRINIVAS ^ ASSISTANT REGiSTR^ //TRUE COPY// SE OFRCER To 1. The Principal Secretary, Labour, Factories, Boilers and Insurance Medical Services Department, State of AP, Building No.5, Andhra Pradesh Secretariat, Velagapudi, Amaravathi - 522503. 2. The Director of Insurance Medical Services, Kesineni Bus Yard, Kakni Venkata Ratnam Road, Enikepadu, Vijayawada, Andhra Pradesh - 521104. 3. The Director General, E.S.I. Corporation, Panchdeep Bhawan C.I.G.Road, New Delhi - 110002. 4. The Principal Accountant General Audit, Door No. 27-37-158, Stalin Central Mall, 8th Floor, MG Road, Governorpet, Vijayawada, Andhra Pradesh - 520002. , 5. One CC to Sri. Peta Gnana Teja Advocate [OPUC] 6. One CC to Sri. K Sangan Naidu SC for ESIC [OPUC] 7. One CC to Sri. K Swarna Seshu Advocate [OPUC] 8. Two CCs to GP for Labour Fligh Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC HIGH COURT DATED:29/07/2025 ORDER WP NO. 17600 OF 2024 21 AUG 2025 OSf jSCmntSKtjjjXi^ ALLOWING THE WP WITHOUT COSTS