Shaik Nurul Ameen Vs State of Ap,Prl.Scy,Energy,Guntur Dist,& 2

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

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THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NOS: 20542 OF 2016 & 14563 OF 2017

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WRIT PETITION NO: 20542 OF 2016

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Between:

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AP Electricity Bahujana Employees Welfare Association, (Regd.No,79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Infrastructure & Investment Department, Secretariat Buildings, Hyderabad.

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A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad.

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The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District.

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The Chairman & Managing Director, Eastern Power Distribution Company of A.P.Ltd. Corporate Office, Visakhapatnam. ...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in

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the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more in the nature of

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2

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r

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Mandamus or any other appropriate writ declaring the Proceedings issued it-— by the 2nd Respondent Corporation in Memo No.Addl.Secy./DS(L.l^r. ^R)/AS/Lir & R)/PO(IR)/JPO/185/214 dt.15-06-2016 and^{theconsequential} Memo No.CMD/CGM(HRD)/JS(HRD)/DGM-1/PO-ll/A.1/D.No.497(47)/16 ^<dt. 16-06-2016 of the 3rd Respondent and Memo No.EPCOR:.Q6001(01)73/2016 Estt.-1-COR/C.69727/D.No.1/27343/16 dt.20-06-2016 of the 4th Respondent without giving any notice or opportunity^and in not extending the protection of transfer and other privileges to the Office Bearers of the Petitioner Association is illegal, arbitrary, discriminatory, amounts to unfair labour practice violation of the principals of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the impugned proceedings of the Respondent Nos.2 to 4 with all service benefits. I.A. NO: 1 OF 2016rWPMP. NO: 25190 OF 20161 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 issue an interim direction, directing the Respondents 2 to 4 to extend the protection of transfer to the office bearers of the Petitioner Association by extending all privileges on par with other trade unions/associations by suspending Proceedings in Memo No.Addl.Secy./DS(L.lr. &R)/AS/Lir&R)/PO(IR)/JPO/185/214 dt. 15-06-2016 of the 2nd Respondent and the consequential Memo No.CMD/CGM(HRD)/JS(HRD)/DGM-1/PO ll/A.1/D.No.497(47)/16 dt. 16-06-2016 of the 3rd Respondent and Memo No.EPCOR06001 (01 )/3/2016 -Estt.-I-COR/C.69727/D.No. 1/27343/16 dt.20-06-2016 of the 4th Respondent pending disposal of the above writ petition.

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I.A. NO: 1 OF 2017fWVMP. NO: 2099 OF 2017)

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Between:

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A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad.

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...PETITIONER/2^° RESPONDENT

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AND

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AP Electricity Bahujana Employees Welfare Association, (Regd.No.79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District.

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...RESPONDENT/WRIT PETITIONER

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The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Infrastructure & Investment Department Secretariat Buildings, Hyderabad.

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The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District.

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The Chairman & Managing Director, Eastern Power Distribution Company of A.P.Ltd. Corporate Office, Visakhapatnam.

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...RESPONDENTS/ RESPONDENTS

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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 vacate the interim order granted in WPMP.No.25190 of 2016 in WP.No.20542 of 2016 dated 24-06-2016.

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LA. NO: 2 OF 2017tWVMP. NO: 4978 OF 2017)

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Between:

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Eastern Power Distribution Company of A.P.Ltd. Corporate Office Visakhapatnam rep. by its Chairman & Managing Director.

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4

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...PETITIONER/ RESPONDENT No.4

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AND

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Electricity Bahujana Employees Welfare Association,

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(Regd.No.79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District.

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...RESPONDENT/ PETITIONER

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The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Infrastructure & Investment Department, Secretariat Buildings, Hyderabad.

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A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad.

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The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District. ...RESPONDENTS/ RESPONDENTS No.1 TO 3

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Petition under Section 151 CPC praying that in the circumstances

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stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 24.06.2016ⁱⁿ WPMP No. 25190 of 2016 in WP No. 20542 of 2016.

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...RESPONDENTS/ RESPONDENTS No.1 TO 3

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Counsel for the Petitioner: SRI K KOUTILYA

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent No. 2: SRI ANUP KOUSHIK KARAVADI (SC FOR APTRANSCO)

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Counsel for the Respondent No.3: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL)

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Counsel for the Respondent No.4: SRI V V SATISH (SC FOR APEPDCL)

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WRIT PETITION NO: 14563 OF 2017

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Between:

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Navyandhra Pradesh Electricity Employees Welfare Association (Regd. No. 113/2015), Door No.2-33-71/1 - Lenin Road, Tenali, Guntur District,. State of Andhra Pradesh. Rep. by its General Secretary, Shaik Nurul Ameen S/o._. Abdul Aziz, Aged 35 years. Working as Junior Assistant, O/o. E.R.O APSPDCL, Tenali, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Energy, Infrastructure & Investment Department, Rep. by its Principal Secretary, Velagapudi at Amaravathi Guntur District. 2. A.P Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyut Soudha, Khairtabad at Hyderabad. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P Ltd., Corporate Office, Tirupathi, Chittor District State of A.P.

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...RESPONDENTS

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Petition 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 a writ order or direction more in the nature of Mandamus declaring the action of the Respondents not recognizing and extending the transfer protection to the Office bearers of the Petitioner's Association on par with the similarly situated Employees Associations the action of the 1st Respondent not taking further steps on the claim of the Petitioner based on letter No. 498/OP.A2/2016 dated: 28-02-2017 as illegal, arbitrary, discriminatory and unfair labour practice, consequently directing the Respondent Authorities to consider the claim of the Petitioner for Recognition and Transfer Protection of the Office bearers of the Petitioner's Association.

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I.A. NO: 2 OF 2017(WPMP. NO: 18033 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, the High Court may be pleased to issue an interim direction directing the Respondent Nos. 1 & 2 to consider the claim of the Petitioner for Transfer Protection of the Office bearers of the Petitioner's Association, in terms of the letters dated: 20-07-2016 & 28-02-2017 forthwith pending disposal of the Writ Petition.

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I.A. NO: 1 OF 2017rWVMP. NO: 2100 OF 2017)

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Between:

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A.P Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyut Soudha, Khairtabad at Hyderabad.

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...PETITIONER/2"'' RESPONDNENT

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AND

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Navyandhra Pradesh Electricity Employees Welfare Association (Regd. No.113/2015), Door No.2-33-71/1 - Lenin Road, Tenali, Guntur District, State of Andhra Pradesh. Rep. by its General Secretary,^ShaikNurul Ameen S/o. Abdul Aziz, Aged 35 years. Working as Junior Assistant, O/o. E.R.O - APSPDCL, Tenali, Guntur District.

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...RESPONDENT/WRIT PETITIONER

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The State of Andhra Pradesh, Energy, Infrastructure & Investment Department, Rep. by its Principal Secretary, Velagapudi at Amaravathi, Guntur District.

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The Chairman & Managing Director, Southern Power Distribution Company of A.P Ltd., Corporate Office, Tirupathi, Chittor District, State of A.P.

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...RESPONDENTS/ RESPONDENTS

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(RR2 to 3 are not necessary parties to this petition)

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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 vacate the interim order granted in WPMP.No. 18033/2017 in WP.No. 14563/2017 dt. 21.04.2017 and dismiss the writ petition.

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Counsel for the Petitioner: SRI K ANANDA RAO

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent No.2: SRI V V SATISH (SC^FOR APTRANSCO)

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Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL)

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The Court made the following: COMMON ORDER

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■/

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APHC010572912016 IN THE HIGH COURT OF ANDHRA PRADESH [3504] AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION NO: 20542/2016

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Between:

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Gen. Secy, Ap Electricity Bahujana Emp Welf ...PETITIONER Assn, Prakasam

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AND ...RESPONDENT(S) State Of Ap Energy Infra Investment Dept Hyderabad 3 and Others

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Counsel for the Petitioner: 1.KKOUTILYA

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Counsel for the Respondent(S): . 1. ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) 2..

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3.Y NAGl REDDY (APTRANSCO)

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WRIT PETITION NO: 14563/2017

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Between:

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...PETITIONER Shaik Nurul Ameen AND ...RESPONDENT(S) State Of Ap Prl Scy Energy Guntur Dist 2 ancipjthers

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2

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Counsel for the Petitioner:

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1 .K.Koutilya

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Counsel for the Respondent(S):

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1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL

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VV SATISH (SC for APEPDCL)

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3.GP FOR ENERGY (AP)

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The Court made the following Common Order;

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Fleard Sri K.Koutilya, learned counsel for the petitioner,^Sri V.V.Satish, learned Standing Counsel for APSPDCL and^SriKota Venkata Rama Rao, learned Standing Counsel for APSPDCL appearing for the respondents

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Both Writ Petitions are instituted by the different Employees Unions/Associations, which formed with a main object^tomaintain unity and integrity in its respective employees. As the common thread bear among the present cases are all similar^and identical cause of actions (questioning the transfer policy framed by the respondent only), as such, this Court is constrained to pass common order by clubbing both the cases.

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The foundational thrust in both the Writ Petitions, questioning the action of the respondent Corporations in not extending the protection of transfers/privileges to the petitioners’ office bearers, which were extended to the registered Employees Unions/ Associations only, is against Article 14 of the Constitution^ofIndia. Therefore, the Writ Petitions were instituted before this Court, challenging the transfer policy Guidelines set out by the respondent Corporations’ authorities.

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At the time of considering the matters, it is submitted by Sri K.Koutilya, learned counsel for the petitioner and^{SriKotaVenkata} Rama Rao, learned Standing Counsel for A.P GENCO, jointly^sated that instant case is covered by the Orders dated 28.03.2025, passed by this Court in W.P No.21717 of 2016 & batch. This Court, in similar circumstances, in respect of transfer policy, after going through all the relevant aspects and G.Os, disposed of the Writ Petitions following the comprehensive Judgment passed by this Court in W.A.No.192 of 2019 dated 29.10.2019 and the Apex Court settled legal principles.

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In view of the submission made by the respective counsels that the matter is covered, for the reasons mentioned in the said

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decision and in terms thereof, the Writ Petitions are disposed of, with the following directions:-

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i. The writ petitioners are granted liberty to

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prefer fresh written representations with all

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particulars by duly enclosing the relevant documentary proofs to the competent

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authorities of the respondent corporations.

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within a period of four (4) weeks, from the date of receipt of copy of this order.

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ii. On such representations being made within a period of six (6) weeks thereafter, the competent authority of the respondents shall dispose of the same by passing the speaking orders, in accordance with the law. The respondent authorities shall communicate copy of such orders to the petitioners.

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