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2026 DAILYLAW 1049 (AP)

MS FIAT INDIA AUTOMOBILES PRIVATE LIMITED v. THE CIRCLE INSPECTOR

WP/6745/2026 · 2026-04-21

Y Lakshmana Rao

body2026

Judgment text

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APHC010127352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6745/2026 Between: MS FIAT INDIA AUTOMOBILES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, REP. BY ITS AUTHORIZED SIGNATORY MR. HEMANTH SINGHAL, S/O. LATE VINOD KUMAR SINGHAL, AGED 50 YEARS. DEPUTY GENERAL MANAGER-PURCHASE, REGISTERED OFFICE AT PLOT NO.B-19, RANJANGAON, MIDC INDUSTRIAL AREA, RANJANGAON-412 220, PUNE DISTRICT, MAHARASHTRA, INDIA. ...PETITIONER AND 1. THE CIRCLE INSPECTOR, DUVVADA POLICE STATION, VISAKHAPATNAM. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM DISTRICT. 3. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI-522503, GUNTUR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 5. M/S SYNERGIES CASTINGS LTD, 3, VISAKHAPATNAM SPECIAL ECONOMIC ZONE (VSEZ), DUVVADA, VISAKHAPATNAM-530 049, AP, ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.6745 of 2026 Dated 22.04.2026 Counsel for the Petitioner: G RAMA GOPAL Counsel for the Respondent(S): GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- <…to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings dated 02 01 2026 of the Police Commissioner/2ND Respondent as illegal and arbitrary and violative of Article 14 191 g and 21 of the Constitution of India consequently direct the Respondents 1 to 3 to provide police protection/assistance to the Petitioner Company for retrieval of their property i e tools Moulds and Dies etc and finished and unfinished automobile components from the premises of M/s Synergies Castings Ltd Visakhapatnam R5 and pass….= 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. There is no representation for respondent No.5, though notice was served on respondent No.5. 3. Mr. G. Ram Gopal, learned counsel for the petitioner, submits that a learned Single Judge of this Court in W.P.No.32475 of 2025 directed the respondent No.2 to consider and take an appropriate decision on the representations dated 13.10.2025. Respondent No.2 passed an order dated 02.01.2026 expressing inability, stating that there is a dispute between the labour and the management of respondent No.5 with regard to unpaid wages. Even though the District Administration and the Labour Department have tried 3 Dr. YLR, J W.P.No.6745 of 2026 Dated 22.04.2026 to resolve the issue, no positive results were yielded. It is further observed that the management of respondent No.5 should take steps to sort out the issue of pending salaries, resolve disputes, and arrange genuineness of the material of the petitioner’s company. 4. Sri P.Ajay Babu, the learned Assistant Government Pleader submits that, as per the directions of this Court dated 26.11.2025, the representations of the petitioner were considered, and it was observed that there is an issue between the labour and the management of respondent No.5 with regard to their salaries. Necessary police force was also provided to the petitioner for shifting the moulds and dies from the premises of respondent No.5. However, the petitioner could not take them back due to obstruction caused by about 650 employees of respondent No.5. It is further submitted that M/s FCA US LLC has filed W.P. No.592 of 2026, and a learned Single Judge of this Court, by order dated 07.01.2026, directed the concerned Station House Officer to look into the representation made therein and take appropriate steps. 5. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. The petitioner has submitted a representation to respondent No.5 stating that it would extend all necessary and reasonable cooperation to ensure safe and timely removal of its assets from the premises. Respondent No.5 has delineated the articles belonging to the petitioner that are kept in its premises, and an inventory was also prepared and submitted. There are 4 Dr. YLR, J W.P.No.6745 of 2026 Dated 22.04.2026 altogether 1080 WIP castings as per List-I of the inventory. The petitioner supplied certain tools (moulds and dies) and finished and unfinished automobile components to respondent No.5 for manufacture of alloy wheels. However, respondent No.5 did not complete the contract and return the said materials. 7. At present, the moulds and dies, and finished and unfinished automobile components are lying in the premises of respondent No.5. Even though respondent No.5 is extending cooperation for allowing removal of these materials, the labour of respondent No.5, numbering about 650, is causing obstruction by resorting to strike and other means, thereby preventing delivery of the property to the petitioner. The petitioner has also submitted a representation to respondent No.2, and respondent No.2 has addressed a letter to the petitioner pursuant to the directions of this Court. 8. Considering the entire facts and circumstances of the case, the Writ Petition is disposed of directing the respondent No.5 and the police personnel to extend necessary protection to the petitioner for retrieving the tools (moulds and dies), and finished and unfinished automobile components belonging to the petitioner, as delineated in the inventory prepared by respondent No.5 and communicated vide letter dated 18.11.2025, for shifting the same from the premises of respondent No.5 to the petitioner. The expenses for shifting the materials, except the cost of police protection, shall be borne by the petitioner. 5 Dr. YLR, J W.P.No.6745 of 2026 Dated 22.04.2026 While carrying out the process of shifting, respondent No.2 shall ensure that no law and order problem arises. 9. In this regard, the District Collector and District Magistrate are directed to look into the issue and personally hold discussions with the labour of respondent No.5 and the management of respondent No.5 to sort out the issue, with the assistance of the Labour Department. The Deputy Commissioner of Labour Department shall also participate in the negotiations between the labour and the management of respondent No.5. 10. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.04.2026 RSI 6 Dr. YLR, J W.P.No.6745 of 2026 Dated 22.04.2026 115 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6745 of 2026 Date:22.04.2026 RSI