THE KRISHNA DISTRICT LICENCES AND REPAIRERS SKILLED AND UNSKILLED WORKERS WELFARE ASSOCIATION v. THE STATE OF AP
WP/18987/2023 · 2025-11-24
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51227 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51227 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010364092023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18987 OF 2023 Between: The Krishna District Licences And Repairers Skilled and Unskilled Workers Welfare Association. ...PETITIONER AND The State Of AP and Others ...RESPONDENTS Counsel for the Petitioner:
1. Sri MANIKANTESWARA RAO KOTHA Counsel for the Respondent(S):
1.Ld. GP FOR CIVIL SUPPLIES The Court made the following:
-2- W.P. No.18987 OF 2023 Date of order:25.11.2025
HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.18987 OF 2023 ORDER:
1. The present writ petition is filed for the following relief:
"....the Hon’ble Court may be pleased to issue any appropriate writ, order or direction more particularly in the nature of a writ of mandamus declaring the action of the 5th respondent herein is issued impugned proceedings vide Circular. Memo. No.1018/T/2023, dated.15.07.2023 without considering the representation dated.06.01.2023, 11.07.2023, and not considering the petitioner objections/ representations/ Government Orders etc., without following the due procedure established under the Legal metrology Act, 2009 rules and regulations is illegal arbitrary and unjust, contrary to the Law provisions Articles 14,19, 21 under the constitution of India is violation of principals of Natural Justice under Article 300-A of constitution of India consequently direct the respondents to follow the procedure established under the law and set aside the present impugned proceedings in vide Circular. Memo. No.1018/T/2023, dated.15.07.2023 permit the petitioner herein in to annual servicing/ repairing and verification of ePos Devices-cum- Electronic weighing Machines at F.P.Shops, MDU's supra in accordance with law by the Legal Metrology Department, with follow the dues process of Law and pass such order and other orders ....."
2. The petitioner is the registered welfare association of skilled and unskilled workers within the Krishna District. The petitioner is aggrieved
-3- W.P. No.18987 OF 2023 Date of order:25.11.2025
by the action of the 5th respondent in issuing Circular Memo No.1018/T/2023, dated 15.07.2023 instructing the Inspectors, Legal Metrology, Vijayawada zone to complete verification work of fair price shops with cal-on instruments, without duly considering the petitioner’s representations dated 06.01.2023 and 11.07.2023 and without following the due process of law established under the Legal Metrology Act, 2009 and the Legal Metrology (Enforcement) Rules, 2010. 3.
The learned counsel for the petitioner submits that the 5th respondent has no authority to issue the impugned Circular, which has adversely impacted the livelihood of the members of the association. 4. The 5th respondent filed a detailed counter affidavit, wherein it is stated that no new licence conditions were introduced through the Memo No.1018/T/2023 dated 15.07.2023. The Memo only reiterated the existing Rules to clarify the Inspectors about the entitlement of a manufacturer to repair the weighing machines they manufactured. At no point the petitioners were restricted from carrying out the annual servicing or repairs required for verification of e-POS devices with electronic weighing machines at FP shops or MDUs. This entitlement was already confirmed by the 5th respondent through Memo No.1018/T/2023-2 dated 19.07.2023, which was issued before the petitioners approached this Court. It is further stated that the petitioners, without availing the statutory remedy provided under Section 50(1)(d) of the Legal Metrology Act, 2009, has approached this Court. -4- W.P. No.18987 OF 2023 Date of order:25.11.2025
5. In view of the subsequent clarification issued by the 5th respondent through Memo No.1018/T/2023-2 dt.19.07.2023 clarifying that the impugned memo dt.15.07.2023 does not prevent any repairer who had a valid repairing licence in the Vijaywada Zone from presenting the articles of Fair Price Shops for re-verification and thereafter attending the verification work, this Court does not find any merit in the writ petition. Therefore, the writ petition is liable to be dismissed. 6. Accordingly, the writ petition is disposed of. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE V.SUJATHA BV