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2025 DAILYLAW 56957 (AP)

GODREJ AND BOYCE MFG. CO. LTD v. THE UNION OF INDIA

WP/9098/2025 · 2025-11-04

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 JS,J W.P.No.9098/2025 APHC010174332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9098/2025 Between: 1. GODREJ AND BOYCE MFG. CO. LTD, GODREJ BOYCE MFG.CO.LTD., HAVING ITS REGISTERED OFFICE AT PIROJSHANAGAR, VIKHROLI, MUMBAI-400 079, INDIA, BRANCH OFFICE AT GROUND FLOOR, LIC BUILDING, NEAR RTC COMPLEX, VISAKHAPATNAM, REP. BY ITS AUTHORIZED SIGNATORY, MR.SATISH KUMAR IMADI. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY, MINISTRY OF FINANCE, NEW DELHI, INDIA. 2. THE APPELLATE OFFICER UNDER PUBLIC PREMISES ACTCUM PRINCIPAL DISTRICT JUDGE, VISAKHAPATNAM. 3. THE ESTATE OFFICER SOUTH CENTRAL ZONAL OFFICE, LIC, INDIA, SAIFABAD, HYDERABAD. 4. LIFE INSURANCE CORPORATION OF INDIA, REP. BY ITS SENIOR DIVISIONAL MANAGER, VISAKHAPATNAM DIVISIONAL OFFICE, JEEVAN PRAKASH ROAD, PB NO.411, VISAKHAPATNAM-530 004. ...RESPONDENT(S): 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 an appropriate writ or order or direction more in the nature of 2 JS,J W.P.No.9098/2025 a writ of mandamus declaring the Possession Notice dated 15.03.2025 issued by the Respondent No.4 and consequential Form-C Notice in PP Act Case No.02/2024 dated 26.03.2025 (Received on 29.03.2025) issued by the Respondent No.3 as per se illegal, manifestly arbitrary, disproportionate, discriminatory, dehors jurisdiction and application of mind, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious and contrary to the Transfer of Property Act, 1882, Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and the Revenue Recovery Act, 1890 and Rules mads thereunder and mandates of transparency, fair-play and level playing field besides being inherently opposed to the doctrine of Ubi Jus Ibi Remedium, Nemo Dat Quod Non Habet, Proportionality, Res Sub-judice and Lis Pendens and flagrantly violative of Principles of Natural Justice and Articles 14, 19 and 21 of the Constitution of India and consequently to set- aside the same and or pass IA 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 grant stay of all further proceedings pursuant to Possession Notice dated 15.03.2025 issued by the Respondent No.4 and consequential Form-‘C’ Notice in PP Act Case No.02/2024 dated 26.03.2025 (Received on 29.03.2025) issued by the respondent No.3 and/or pass IA NO: 2 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 suspend the Possession Notice dated 15.03.2025 issued by the Respondent No.4 and consequential Form-‘C’ Notice in PP Act Case No.02/2024 dated 26.03.2025 (Received on 29.03.2025) issued by the Respondent No.3 by directing the Respondents to restore the possession and enjoyment of property admeasuring 2,510 Sq.Fts. in D.No.42-1-6 to 45, Ground Floor, Lie Building, situated at Visakhapatnam, Visakhapatnam District to the Petitioner Company and/or pass IA NO: 3 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 receive the counter affidavit of the respondent on record by allowing the leave petition in the above writ petition and pass 3 JS,J W.P.No.9098/2025 Counsel for the Petitioner: 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1. SINGAM SRINIVASA RAO 2. 4 JS,J W.P.No.9098/2025 The Court made the following ORDER: Sri Singam Srinivasa Rao, learned counsel appearing for the respondents, submits that pending the writ petition, the Principal District Judge, Visakhapatnam, has passed the judgment on 05.05.2025. On the other hand, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition with liberty to challenge the judgment dated 05.05.2025 and also the Possession Notice dated 15.03.2025. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 05.11.2025 KAS 5 JS,J W.P.No.9098/2025 261 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9098/2025 Dated: 05.11.2025 KAS