% IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 28481 OF AMARAVATI NIMMAGADDA Between: Divine Chemtec Ltd, Rep by Moturi Srinivas Prasad Phase-ii, VSEZ, Duvvada, Vishakhapatnam -530049. (Formerly Known as Xtraa Cleancities Limited) Plot H, K and L ...PETITIONER AND 1. Union of India, Rep. by its Secretary, Ministry of Commerce Central Secretariat, New Delhi. and Industry 2. Development Commissioner, Visakhapatnam Special Economic Zone Visakhapatnam. 3. Deputy Development Commissioner, VSEZ, Duvvada, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, direction may or order in the nature of Mandamus or order under Article 226 of the the action of the Respondents herein in or any other appropriate writ application Constitution of India declaring demanding payment of lease fixed as per the Lease Deed, K3, K4, K5 to K7, LI to L3 and L4 amounts beyond the uniform per unit charge dt. 15.09.2006 for Plot No.H, Park (OHT) part in Phase II and Phase III in the VSEZ . K1 M area consisting 59,229 Sq.Mts. and consequently threatening Letter of Approval permanently and other cancellation of coercive action under Rule 77(4) of SEZ Rules, 2006 read with Foreign (Trade and Development) Regulation Act, 1992 in the event of non-payment of outstanding amounts as per Respondent No.2 demand notices dt. 04-07-2022 and 22-07-2022 .. • as illegal, arbitrary and without jurisdiction besides being violative of Art. 14 and Art. 19 of the Constitution of India and consequently direct the Respondents herein to collect lease amounts per the Lease Deed, dt. 15.09.2006 for Plot No.H, as Park (OHT), K1, K3, K4, K5 to K7, LI to L3 and L4 part in Phase II and Phase period during as per III in the VSEZ area consisting 59,229 Sq.Mts. for only such which Letter of Approval (LOA) is in subsistence at uniform rate fixed the Lease Deed. lA NO: 1 OF 2n?? Petition under Section 151 CPC stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondent No.2 herein to Petitioner Company for grant of Letter of Approval (LOA) for years and thus render Justice. praying that in the circumstances may consider the case of the a period of five lA NO: 2 OF 20?? Petition under Section 151 CPC stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the Respondents to forbear from praying that in the circumstances may any coercive action and permit the Petitioner Company to provisionally pay the lease amounts at uniform rate as per the terms of Lease Deed dt. 15-09-2006 for the entire K leased property for the period where valid LOA was issued by the Respondent No.2 pending disposal of the writ Petition and thus render justice. Counsel for the Petitioner: SRI JAVVAJI SARATH CHANDRA Counsel for the Respondent No.1: SRI Y.V. ANIL KUMAR, (Central Government Counsel) Counsel for the Respondents No.2,3: SRI SURESH KUMAR ROUTHU (SC FOR CBIC) The Court made the following: ORDER A ::1:: APHC010467032022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28481/2022 Between: Divine Chemtec Ltd. ...PETITIONER AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.JAWAJI SARATH CHANDRA Counsel for the Respondent(S): 1.SURESH KUMAR ROUTHU (SR SC FOR CBIC) 2. Y V ANIL KUMAR (Central Government Counsel) ::2:; THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28481 of 2022 This Court made the following ORDER: Learned counsel for the Petitioner filed withdrawal of the present Writ Petition. a memo on 28.01.2025 for 2. As per the said memo, it is stated that Sri Justice C. Praveen Kumar is appointed as Arbitrator to resolve the dispute between the Petitioner Respondent Nos.2 and 3 by mutual consent, for which the Petitioner placed bn record the letter dated 30.10.2024 addressed by the Petitioner Respondent Nos.2 and 3 accepting Sri Justice C. Arbitrator to resolve the dispute subject to withdrawal of the Petition. and to Praveen Kumar as present Writ 3. In view of the above, no further orders are necessary for adjudicating the matter and hence the Writ Petition may be dismissed as withdrawn. 4. Accordingly, the Writ Petition is dismissed as withdrawn. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// pm SECTION OFFICER To, 1. One CC to SRI JAVVAJI SARATH CHANDRA 2. One CC to SRI Y.V. ANIL KUMAR, Advocate fOPUCJ 3. One CC to SRI SURESH KUMAR [OPUC] 4, Three C.D. Copies Advocate [OPUC] (Central Government Counsel) ROUTHU, Advocate (SC FOR CBIC) nm 4— . W / HIGH COURT DATED:29/01/2025 ORDER WP.No.28481 of 2022 DISMISING THE WP AS WITHDRAWN WITHOUT COSTS