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Toluganti Venu Gopal Reddy, v. The State of Andhra Pradesh

Andhra Pradesh HC2 Nov 2021WP/12232/2021

Case brief

AI extract

What is this about?

This order grants a stay on interference with the petitioners' business. The court directed the Municipal Corporation to verify explanations submitted by the petitioners in response to notices seeking various certificates and orders, ensuring no further action is taken against the units until this verification is complete.

What did the court decide?

Directing respondents 3 and 4 to verify explanations submitted on 05.06.2021, consider them, and take appropriate action strictly in accordance with law.

Toluganti Venu Gopal Reddy, Vs The State of… — Company and Corporate | Andhra Pradesh HC (2021)

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12232 OF 2021

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ORDER:

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Heard the learned counsel for the petitioners and Sri Manohar Reddy Mallasani, learned Standing Counsel for respondents 3 and 4-Corporation.

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This Writ Petition is filed under Article 226 of the Constitution of India, for the following relief :

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“..declaring the action of third and fourth respondents interfering and threatening to interfere with the business of the petitioners and closing down flavoured water units on the basis of the cyclostyled notices issued in the last week of 22^nd May, 2021 by the 4^th respondent purporting to be with the authority and on behalf of the third respondent, without considering the reply submitted by the petitioners to the said notices and without passing any orders thereon by declaring the notices and consequential closure of some of units as illegal, arbitrary, without jurisdiction and violative of the principles of natural justice and violation of Articles 14, 19, 21 of the Constitution of India and further direct the third and fourth respondents not to interfere with the business of the petitioners without following the due process of law ...”

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Notices bearing ROC No.616/2016/F1, dated 22.05.2021 were issued by respondent No.4, asking the petitioners herein to produce certain documents/ information set out therein. According to the petitioners,

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they have established flavoured water units and are carrying on the business in the name and style „M/s.Siva Ganga Aqua Products and M/s. Sri Chaitanya Aqua Products‟ respectively within the limits of MangalagiriTadepalli Municipal Corporation, Guntur district. It is stated in the affidavit filed in support of the Writ Petition that only after obtaining all the statutory permissions, the petitioners are carrying on the business without contravention of any law.

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Respondent No.4 issued notices dated 22.02.2021, referred to, supra, asking the petitioners to produce the following documents:

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Certificates from Department of Industries (DIC)

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(a) Building Permission from Municipality

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(b) Power Feasibility Connection Certificate from APCPDCL.

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Report on Physical Biological and Chemical Analysis of Water from AP Water Quality Monitoring Laboratory.

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Report of Bacteriological Analysis of Water from AP Water Quality Monitoring Laboratory. 4) ISO Certificate for Water Quality and Business in Small Scale.

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Bureau of Industrial Standards (BIS) Certificate for Business in Large scale.

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Trace License.”

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It is indicated therein that in the absence of production of the same, necessary action would be taken for the purpose of seizing the water plants.

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According to the petitioners, responding to the said notices, the petitioners submitted explanations/replies on 05.06.2021, but no action has been taken so far pursuant thereto. According to the learned counsel for the petitioners, without passing any orders on the said explanations/replies, the respondent-municipal corporation authorities are interfering with the business activities of the petitioners herein. It is also submitted by him that till date, the petitioners are carrying on the business. As the respondents-municipal authorities have not passed any orders pursuant to the submission of explanations/replies dated 05.06.2021 by the petitioners, this Court deems it appropriate to dispose of the Writ Petition, directing respondents 3 and 4 to verify the explanations/replies dated 05.06.2021, consider the contents of the same and take appropriate action/pass appropriate orders strictly in accordance with law, as expeditiously as possible. It is made clear that till the said exercise is completed, there shall be no interference with the activity being carried on by the petitioners herein.

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No order as to costs of the Writ Petition.

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As a sequel, interlocutory applications pending, if

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any, in the Writ Petition shall stand closed.

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__________________ A.V.SESHA SAI, J

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02.11.2021 DRK

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THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.12232 OF 2021

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02.11.2021

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DRK

Toluganti Venu Gopal Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Toluganti Venu Gopal Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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