IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAJ^.?^^ TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE a: a, PRESENT HON’LE SRI JUSTICE SRI DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 405 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Order dated 10-01-2025 in W.P. No. 8457 of 2023 on the file of the High Court. Between: Smt. K. Sandhyarani, W/o. M. Prasada Rao, aged about 48 years, Occ: Proprietor, M/s Chaitanya Aqua Industries (bottled package drinking water), D.No. 1-16, Alluru Village, Kothapatnam Mandal, Prakasam District, Andhra Pradesh. ...APPELLANT AND The State of Andhra Pradesh, Represented by its Principal Secretary, Industries and Commerce Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. The Andhra Pradesh State Financial Corporation (APSFC), Managing Director, Auto Nagar, Vijayawada, Andhra Pradesh. Andhra Pradesh State Financial Corporation, rep by its Branch Manager, Ongole Branch, Prakasam District, Andhra Pradesh. The District Collector and Magistrate, DIPC Chairman, Prakasam District, Ongole, Andhra Pradesh. The Director/Commissioner of Industries, 8**^ Floor, API 1C Tower, Auto Nagar, Mangalagiri, Guntur, Andhra Pradesh. The General Manager, District Industries Center (DIG), Ongole, Prakasam District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. ...RESPONDENTS lA 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 grant stay of all further proceedings in pursuanceof the demand notice vide Ref. No. AFC/A/c. No. 68025002&3/2022-23/2933, dt 16-02- 2023, issued under Section 29 of the SFC Act, 1951. Counsel for the Appellant: SRI C. B. ADARSH KUMAR Counsel for Respondent No.1 : GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent Nos.2 & 3 : SRI D. HARSHA VARDHAN FOR SRI G.R. SUDHAKAR, SC FOR APSFC Counsel for the Respondent Nos.4 to 6 :— The Court made the following: T' X Bench Sr.No:-2 [3483] APHC010052522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT APPEAL NO: 405 of 2025 ...Appellant Smt K Sandhyarani Vs. ...Respondents The State of Andhra Pradesh and others ********** Mr. C B Adarsh Kumar Advocate for Appellant Advocate(s) for Respondent(s): Mr. D. Harsha Vardhan representing Mr. G R Sudhakarfor R.2 & R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 29'*’ April, 2025 DATE PC : The present writ appeal has been preferred against the judgment and order, dated 10.01.2025 passed in W.P.No.8457 of 2023. The petitioner had challenged the action of the Andhra Pradesh State Financial Corporation [APSFC] in initiating recovery proceedings against the petitioner under Section 29 of the State Financial Corporations Act, 1951. 2. Various grounds appear to have been taken in the writ petition including the ground that the recovery proceedings were unsustainable in view of the fact that APSFC had violated the provisions of G.O.Ms.No.108, dated 14.11.2015. 2 0 HCJ & RC, J WA 405 2025 The contention of learned counsel for the appellant before us is that in terms of the Government Order supra, APSFC was required to release the central investment subsidy for establishment of the industrial enterprise set up by the appellant within a specific time period which they had failed to 3. do. It is also stated that the District Industries Export Promotion Committee in its meeting held under the chairmanship of the District Collector, Ongole, had also advised APSFC not to invoke Section 29 of the State Financial Corporations Act against the appellant and to give a moratorium for one year. It is stated that even when all these issues were raised in the petition and urged before the learned single Judge, while dismissing the writ petition, none of the issues raised in the writ petition and those as were argued and urged before the learned single Judge found a mention in the judgment and order impugned. 4. Having gone through the judgment and order impugned in agreement with the contention of learned counsel for the appellant that although the contentions of the petitioner as also the respondents have been elaborately reproduced in the judgment, there is no reasoning at all given in the judgment and order impugned which would justify the dismissal of the writ petition. What is recorded by the learned single Judge is only a conclusion and cannot, in the least, be said to be a reasoning. we are 3 HCJ & RC, J WA 405_2025 We, therefore, allow the present Writ Appeal and remand the matter to the learned single Judge for consideration afresh. Till the matter is considered, no coercive steps be taken against the appellant. 5. Registry is directed to list WP.No.8457 of 2023 before the learned single Judge having the roster, on 16.06.2025. No order as to costs. Miscellaneous applications pending, if any, shall Sd/- S.V.S.R. MURTHY JOINT REGISTRAR Stand closed. //TRUE COPY// r SECTION OFFICER To, 1. The Principal Secretary, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Managing Director, Andhra Pradesh State Financial Corporation (APSFC), Auto Nagar, Vijayawada, Andhra Pradesh. 3. The Branch Manager, Andhra Pradesh State Financial Corporation, Ongole Branch, Prakasam District, Andhra Pradesh. 4. The District Cojlector and Magistrate, DIPC Chairman, Prakasam District, Ongole, Andhra Pradesh. 5. The Director/Commissjoner of Industries, 8*'' Floor, APIIC Tower, Auto Nagar, Mangalagirf, Guntur, Andhra Pradesh. 6. The General Manager, District Industries Center (DIG), Ongole, Prakasam District, Andhra Pradesh. 7. One CC to Sri C. B. Adarsh Kumar, Advocate [OPUC] 8. Two CCs to GP for Industries Commerce, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri G.R. Sudhakar, SC for APSFC (OPUC) 10.The Registrar (Judicial), High Court of A.P. Amaravati. 11.The Section Officer, Writs (Non-Service) Section, High Court of A.P. Amaravati. 12.The Section Officer, Posting Section, High Court of A.P. Amaravati. 13.Three C.D. Copies. Cnr HIGH COURT CNR DATED:29/04/2025 POST WP No.8457 of 2023 ON 16.06.2025 JUDGMENT WA.No.405 of 2025 I 02 MAY 2025 | Current Secuon ALLOWING THE WRIT APPEAL WITHOUT COSTS