Disposed

Circar Jute Mills (P) Ltd., v. The State of Andhra Pradesh

Andhra Pradesh HC22 Apr 2024WP/9553/2017

Case brief

AI extract

What is this about?

Writ petition seeking police protection to a jute mill and its officials pursuant to representations, against the backdrop of a pending lock-out dispute. The court disposed of the petition, permitting the petitioner to approach the competent authority or submit a representation to police for action in accordance with law.

What did the court decide?

Petitioner permitted to seek redressal before the competent authority or by representation to police, who are to act in accordance with law; no costs.

Circar Jute Mills (P) Ltd., Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY ,THE TWENTY THIRD DAY OF APRIL

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TWO THOUSAND AND TWENTY FOUR

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Or
Olv
li

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 9553 OF 2017

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Between:

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Circar Jute Mills (P) Ltd., NH-5, Kodurupadu Village Bapulapadu Mandal, Krishna District Rep. by its Director

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...Petitioner

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary Home Department Secretariat, Velagapudi, Guntur

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The Superintendent of Police, Machilipatnam, Krishna^District

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The Deputy Superintendent of Police, Nuzvidu, Krishna^District

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The Station House Officer, Veeravalli PS, Krishna^District

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...Respondents

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Pefition 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 Writ, order or direction preferably^{WritofMandamus} declaring the inaction of the Respondents 2 to 4 in providing Police protection to the Petitioner and its officials as illegal, arbitrary and violative

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of Articles 14 & 19 (1) (g) of the Constitution of^{Indiaandconsequently,} direct the Respondents 2 to 4 to forthwith provide Police^{protectiontothe} .. Petitioner pursuant to its representations dated^{26/11/2016,24/01/2017&} / 02/02/2017

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I.A. NO: 1 OF 2017(WPMP. NO: 11828 OF 2017)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to direct the Respondents 2 to 4 to consider^{andtakeappropriate} action upon the representations dated 26/11/2016, 24/01/2017^&02/02/2017 of the Petitioner, pending disposal of the Writ Petition

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Counsel for the Petitioner: Sri. Kowturu Pavan Kumar

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Counsel for the Respondents: GP for HOME (AP)

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The Court made the following:

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APHC010087832017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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TUESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 9553/2011

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Between:

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Circar Jute Mills (p) Ltd.

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.KOWTURU PAVAN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR HOME (AP)

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2.15516/GP FOR HOME (AP)

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The Court made the following:

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ORDER:

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This writ petition is fiied deciaring the inaction^{oftherespondentsno.2} to 4 in providing police protection to the petitioner and its officials,^asillegal direct the respondents No.2 to 4 to forthwith and arbitrary and consequently provide poiice protection to the petitioner pursuant^{toitsrepresentationsdated} 26.11.2016, 24.01.2017 and 02.02,2017.

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Today, when the matter is taken up for hearing, none appeared for the petitioner. Learned Assistant Government Pleader for Home for the respondents is present. 3. Counter affidavit has already been filed by the respondents No.1 to •/4. In the counter affidavit, it is stated that, during the enquiry, the management of the petitioner-mill was advised by the 4*^ respondent herein to obtain appropriate permission from the competent authority^wherethe matter is pending before shifting and selling away the machinery from the factorypremises which is under lock-out. It is further stated that the petitioner instead of obtaining necessary permission from the competent authorities where the issues regarding lock out and payment of dues to the workers are pending, has been unilaterally trying to sell away their assets without payment of dues to the workers and filed the present writ petition against the respondent police authorities. As such the same is not maintainable and liable to be dismissed.

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Having regard to the facts and circumstances, this Court is of the considered view that, if at all the petitioner having any grievance subsists he is at liberty to approach the competent authority for redressing his grievance. Further, if at all, any police protection is required, the petitioner is directed to approach the respondent police by submitting a representation. On receiving such representation, the respondent police are directed to proceed in accordance with law.

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With the above observation, the Writ Petition is disposed of. There

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shall be no order as to costs, As a sequel, all the pending miscellaneous

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applications shall stand closed.

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Sd/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The State of Andhra Pradesh,, rep. by its Principal Secretary Home Department Secretariat, Velagapudi, Guntur

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The Superintendent of Police, Machilipatnam, Krishna District

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The Deputy Superintendent of Police, Nuzvidu, Krishna District

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The Station House Officer, Veeravalli PS, Krishna District

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One CC to SRI KOWTURU PAVAN KUMAR Advocate [OPUC]

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One CC to SRI 15516/GP FOR HOME (AP) Advocate [OPUC]

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Two CCs to GP FOR HOME (AP), High Court of Andhra Pradesh [OUT]

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Three CD Copies

HIGH COURT

DATED:23/04/2024

ORDER

WP.No.9553 of 2017

5f
g 12 NOV 20211 IPl
^ Current Section
PfSPATCVV^^ ^

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DISPOSING OF THIS WP WITHOUT COSTS

Circar Jute Mills (P) Ltd., v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Circar Jute Mills (P) Ltd., v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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