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2025 DAILYLAW 8326 (AP)

Maheswar Farmers Producer Organization v. The Union of India,

WP/4797/2025 · 2025-03-19

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 APHC010089682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4797/2025 Between: 1. MAHESWAR FARMERS PRODUCER ORGANIZATION, REP BY ITS SECRETARY, G.RAVINDRA BABU S/O CHANDRAMOULI, AGE 54 YEARS, R/O D.NO.1-188, PASUMARRU VILLAGE, CHILAKALURIPET MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS SHRAM SHAKTI BHAVAN, NEW DELHI. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP BY ITS CHAIRMAN, G 5 AND 6, SECTOR-10, DWARAKA, NEW DELHI- 110075. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AND BUILDINGS DEPARTMENT VIJAYAWADA, ANDHRA PRADESH. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 5. THE DISTRICT COLLECTOR, PALNADU DISTRICT, AT NARASARAOPET. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL 2 PRAJA PARISHAD, CHILAKALURIPET, PALNADU DISTRICT. 7. PASUMARRU GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, PASUMARRU, CHILAKALURIPET MANDAL, PALNADU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. RAVI TEJA GUDE Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 3. GP FOR REVENUE 4. 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORAL ORDER: Heard Sri Ravi Teja Gude, learned Counsel for the Writ Petitioner and Sri S. Hruthik, learned Counsel appearing on behalf of Sri M. Sudhir, learned Standing Counsel for the Respondent Nos.6 & 7. 2. Learned Standing Counsel for the Respondent Nos.6 & 7 has submitted the Written Instructions furnished by the Panchayat Secretary, Pasumarru GO, Chilakaluripet Mandal, Palnadu District dated 18.03.2025. Copy of it is supplied to the Counsel for the Writ Petitioner as well and the same is taken on record. 3. The Written Instruction would indicate that an FIR has been filed against the Writ Petitioner bearing F.I.R.No.90/2024 on 10.07.2024 in Chilakaluripet Rural Police Station, stating that the Petitioner has formed illegal/unauthorized 3 connection to the highway for construction of Static Weigh Bridge and also dumped earth on the shoulders of the highway, which causes accidents to the road users. It is also stated in the Written Instruction that the Petitioner has to approach the other Authorities. 4. This Court has perused the Affidavit filed in support of the Writ Petition and notices that the averments in the Writ Petition are bereft of the material facts with regard to the filing of F.I.R.No.90/2024 on 10.07.2024 and its present status. On query made by this Court, learned Counsel for the Writ Petitioner would submit that the Petitioner has not instructed the Counsel for the Writ Petitioner about the pendency of the F.I.R. This Court is of the opinion that the non-disclosure of the material fact is a deliberate suppression on the part of the Writ Petitioner. Suppressio veri, suggestio falsi. The suppression of material fact suggests falsehood. 5. In this view of the matter, this Court is of the opinion that the Writ Petitioner has approached this Court with unclean hands and therefore, no indulgence can be shown by this Court. Accordingly, the Writ Petition is dismissed. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 19.03.2025 Vns