Disposed

Ashoka Industries, Rice Mill v. The State of Telangana

Telangana HC7 Nov 2023WP/28420/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging the illegal disconnection of power to a rice mill and initiating criminal proceedings. The Court held that the petitioner's grievance is resolved by the initiation of criminal proceedings and disposed of the petition without costs, allowing parties to pursue other remedies.

What did the court decide?

The writ petition is disposed of. Parties are given liberty to pursue other available remedies. No costs.

Ashoka Industries, Rice Mill Vs The State of… — Service and Employment | Telangana HC (2023)

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[³³⁰³¹

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IN THE HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SEVENTH DAY OF^NOVEMBER TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{J SREENIVAS RAO}

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WRIT PETITION NO: 28420 OF 2022

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Between:

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Ashoka lndustries, Rice Mill, Represented^{by its lVlanagingPartner,S. Madhav} Shanker S/o. S. Ram Anjaneylu,^{Age.49 Years, tvlaheshwaram, NarsampetMandal} Warangal Rural, District.

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...PETITIONER

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AND

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The State of Telangana, Represented^{by its Principal Secretary t9 tlp} Consumer Affairs, Food and Civil Supplies^{Department, Secretariat Buildings,} Hyderabad.

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The Collector (CS), Warangal District,^Warangal.

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The Superintendent Engineer,^{Northern Power Distribution Company of} Telangana State Ltd, Warangal District,^Warangal.

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The Divisional Engineer,^{(Operation), Northern Power Distribution Company} of Telangana State Ltd, Narsampet,^Warangal.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed^therewith, the^{High Court may be} pleased to issue an order, or direction more^particularly one in the^{nature of writ} of mandamus or any other appropriate^{writ declaring the action of the respondent} No. 2, in addressing a letter in Lr. No. 512021-22lRabi,^{dated 2210612022, to the} respondent No. 3, for disconnecting the^power supply to^{the petitioner ricemill} and in turn disconnecting lhe^power supply to the^{petitioner rice mill, even nothing} but arbitrary, illegal, null and void and violative of^{principles of natural justiceand} also violative of Articles 14, 19 and 21 of the Constitution^{of lndia. Consequently} set aside the same by directing the respondents No. 3 and^{4, to restorethe power}

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suppty to the^{petitionerrice mill andnot to disturb in anymannerin runningthe} rice mill of the^petitioner

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lA NO: 1 OF 2022

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Petition under section^{151 cPC praying that in the circumstances statedin} the affidavit filed^{in support of the petition, the Highcourt may be pleased to} suspend the letter^{addressed by the respondent No.2 in Lr.No. 512021-2022,} dated 221o5t2022,^{thereby direct the respondents No. 3 and 4 to restorethe} power supply to the^petitioner rice^{mill, enabling the petitioner to run his rice mill.}

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IA NO:2 OF 2022

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Between:

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The State of^{Telangana, Represented by its Principal Secretaryt9} !E .. ,. Consumer Affairs,^{FoodandCivil Supplies Department, SecretariatBurlorngs,} Hyderabad.

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The Collector^{(CS),WarangalDistrict,Warangal'}

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...PETITIONER

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AND

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1 Ashoka lndustries, Rice^{Mill, Represented by} its Managing Partner,^S. Madhav Shanker^{S/o. S. Ram Anjaneylu,Age} 49 Years, filaheshwaram, Narsampet Mandal Warangal^{Rural, District.}

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...RESPONDENT/PETITIONER

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2 The Superintendent^{Engineer, Northern Power Distribution {}ompanyof} Telangina State Ltd,^{WarangalDistrict,Warangal.}

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3 The Divisional Engineer,^{(Operation), Northern Power Distribution Company} of Telangana State Ltd,^{Narsampet, Warangal.}

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...RESPONDENTS/RESPONDENT^{NOs.3 & 4}

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Petition under Section^{151 CPC praying that in the circumstances statedin} the affidavit filed^{in support of the petition, the High courtmay be pleased to} vacate the interim order daled 07lO7l2O22^{inW.PNo 28420of 2022.}

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Counsel for the Petitioner^: SRI^K.VENUMADHAV Counsel for the Respondents No.'l&2:^{AGP FOR CIVIL SUPPLIES} Counsel for Respondents No.3&4:^{SRIZAKIR ALI DANISH, SC FOR TSNPDCL}

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.2842O of 2022

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ORDER:

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This Writ Petition is filed seeking the following relief:-

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"to issue Writ or Direction preferably Wit of Mandamus decbing the action of the respondent No 2 in addressing a letter in Lr No 5/2o2122/Rabi dated 22/O6/2022 to the respondent No 3 for dtsconnecttng the pouer supplA to the petitioner ice mtll and in turn disconnecting the power supplg to the petitioner rice mill euen nothing but arbitrary illegat null and uoidlnd uiolatiue of principles of natural justice and also violatiue of Articles 14 19 and 21 of the Constitution oJ India Consequentlg set aside the same bU directing the respondents No 3 and 4 to restore the polaer supplV to the petrtioner ice mill and not to disturb in anA manner in running the ice mill of the petitioner. "

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Heard Sri K.Venumadhav, learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of respondent Nos. 1 and 2 and Sri Zakir Ali Danish, learned Standing Counsel appearing on behalf of respondent Nos.3 and 4.

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Learned counsel for the petitioner submits that pursuant to the impugned letter dated 22.06.2022 issued by respondent No.2, respondent Nos.3 and 4 disconnected the power supply to the petitioner-Rice Mill and pursuant

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to the interim order granted by^{this Court on 07.O7.2022,} respondents restored the^power supply.^{He alsosubmits} that during the pendency of the^{Writ Petition, respondent} No.2 initiated criminal^{proceedings againstthe petitioner-} Rice Mill before the learned Judicial First^{Class Magistrate,} Narsampet, and the same^is Pending.

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In view of the same, the^grievance of^the petitioner is resolved.

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Accordingly, the Writ Petition is^{disposed of.} However, the parties are^given liberty to^{pursue the} remedies as available under law. No^costs.

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Pending miscellaneous applications, if^{anv, shall}

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stand closed.

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Sd/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// \51,

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\51, SECTION OFFICER

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To,

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The Principal Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat Buildings, State of Telangana, Hyderabad.

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The Collector (CS), Warangal District, Warangal. 3. The Superintendent Engineer, Northern Power Distribution Company of Telangana State Ltd, Warangal District, Warangal.

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The Divisional Engineer, (Operation), Northern Power Distribution Company of Telangana State Ltd, Narsampet, Warangal.

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One CC to SRI K.VENUMADHAV, Advocate. [OPUC]

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Two CCs to GP for CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to SRI ZAKIR ALI DANISH, SC for TSNPDCL. [OptJC] B. Two CD Copies. BSK $z\

HIGH COURT

DATED:0711112023

ORDER

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WP.No.28420 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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\ .|

Ashoka Industries, Rice Mill v. The State of Telangana

Case brief

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Ashoka Industries, Rice Mill v. The State of Telangana

Case brief

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