The Pathakhadarbad Handloom ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2481 AP

  
 

THURSDAY, THE NINETEENTH DAY OF MAY,
TWO THOUSAND AND TWENTY TWO
. PRESENT:
THE HONOURABLE SRI JUSTICE TARLADA RAJASERNAR RAO

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

JA No. 7 OF 2022
iN
WP NO: 14873 OF 2022

Rehween:

1. The Pathakhadarbad Handinam \ Weavers Go Operative Saciely, Resreseniead by
is President, Chenna Srinftvasuiu Sfo Papaidh, Aged about 38 years, Ryo.
D.No. 8/99, Khadarbad Post, Proddatur Mandal, 9.S.R. Kadapa District.
Akshaya Handioam Weavers' Ct co-operative Sociely, Represented by its
President, B Jaya Shankar S/o. Sreeramulu, Aged about 48 years, Rio.

D.Na. 8/189. 1, BG, Salany, Vammaismadugu, YS.R. Kadapa District,

3. Chinthekomma Dinne Handioom Weavers' C Co-operative Society, Represented
by iis President, P_Subbaerayudu Sva. Su bhanna, Aged about 65 years, Ro.
Asethugaripaile Vilage, OK Dinne Mandal, Y.S.R. Kadapa District.

4 Devangapeta Nandioom Weavers' Co-operative Society, Represented by iis

President, Godena Veera Shadraiah, S/o. Late Godena Pedda Vearaiah, Age 54

years, Devangapeta Street, FP roddatur, YS.R. Radapa Cistrict.

Maruthi Nencioorn Weavers' Conn yperative Sadiety, Represented by is President,

Sana Obularruna Wo. Venkataiah, Aged about 68 years, Dathapuram Village

and Post, Kondapuram Mandal, Y_S.R. Kadapa District,

Sri Rama Handioom Weavers' Co-uperative Society, Represented by its

President, S.Pullalah S/o. Mallaiah, Aged about 68 years, Alo. Easwarareddy

Nagar, Proddatur, v. SR. Kadapa District.

Sn Ramachandra Sik Weavers' Ca Operative Sociely, Represented by its

President, 5. Venkata Subbaiah S/o. Venkata Subbaish, aged about 59 years,

Rio. Dorasanipalie Past, Proddatur Mandal, V_S.R. Kadapa District.

Sr Sai Nandioom Weavers' Co-aperat ive Socuty, Represanted by iis President,

Sana Saraswathi Vio. Sreenivasulu, Aged about 58 years, Rio. DO. No 37s,

Vaganthapeta, Proddatur, Y.S.R. Kadapa District

af Bala}i Hancdioom Weavers' So. spar ative Society, Represented by iis

resident, Posa Surya Narayana S/o. Subbalah, aged about 74 years, Ryo.

Kesanna Sathram Veadi, Proddatur YS.R. Kadapa District.

10. Sridevi Handicam Weavers' Co-operative Society, Represented by iis President,
K Subbarayudu Sfo. Ramanaiah, aged about 38 years, R/o. Narayana Colony,
Yerraguniala Vilage and Mandal, Y_S.R. Kadane District.

V1. The Lingampailll Handioam Weavers' Co-operative Sooiely, Represented by its
Presiient, J Chandra Shekar S/o. Santaiah, Aged about 47 years, Rio.
Kadapayapall, Lingampalll Fest, Siddavatam Mandal Y.S.R. Kadapa Distric

12, Viiayanagaram Handioam Weavers' Ce s-operBive Sociely, Repressniad by i its
President, B.Fraveen Kurner S/o. Chandra Shekar, Aged about 42 years, Rio.
O.No 8/3868, Unstairs, Vi jayana agaram Streat, Y.S.R. Kadana District.

13. Adithya Handioorn Weavers' Co-operative Souiaty Represanied by is
Fresident,C Jaya Shankar S'o Peds Appaiah, Aged about 53 years, RYo.
Venarala Fost, Mylavaram Mandal, ¥.S.R. Sadapa District.

14. The Peddaputia Handicom Weavers' Co-operative Society, Represented by ifs
President, P Venkatesu, Rio. Verikalanuram Weavers Colony, Peddaputta
Vilage, Valium Mandal, YS... Radspa Cistrict.

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oo Petitioners
i(Peltioner in WP 74973 OF 2028
on the fle of High Court}
AND
1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Indusiries and
Commerce (Textiles), Secratariat Bul i ings Veigapuadl, Amaravathi, Guntur
District,
 

2 A&P. State Nandioom weavers' Cooperative Saciely Lid GAPIO}, Venkatess wara
Rac Road, Near Rehman Park, Governarpe!l, Viesyawada, Rep. by its
chairman and! Managing Director (FAC).

The Director of Handionms and Textiles, Government of Andhra Pradesh,
Yerrsdalem, Mangalagii, Guntur Oxsirict.

4. The Assistant Director of Handiooms and Textiles, Radapa, Radapa District.

5. The Additional Director of Nandioams and Textiles Principal HHT,

Venkalagin Government of Andhra Praciesh, Yerrabalem, Mangalagiri, Guntur
Dietriot.

G.Nagarani, Vice-Chairman and Managing Clrector - cum ~ [irector of
Handioams and Textiias, Venkateswara Rao Road, Near Rehman Park,
Governorpat, Viayawada,

tot

a

Respondents
(Respondents in-do-}

Petition under Section 151 CPC is Med praying that in the clrournstances stated
in the afidavil Med in support of the writ petitian, fhe High Court may be pleased may be
pleased to stay of all further nee NGS Dursuant io tie impugned praceedings of the
3° Respondent in Re.Notes80s2-81 dated 11.08.2022, pending _ disposal of

WP No.14978 of 2022, on the file of the Nigh. Sour,

  

The peifion coming an for hearing, upon perusing the Petition and the affidavit
Hed in Sugpert thersof and upon hearing the ar game ants of Sri K Rarnamohan, Advocate
for the Petitioners and GP for industries and Commerne takes notice on behalf of
Respondent Nos. 1 & Sia 8 and Sx B.Naga Jayachaniva Reddy, Standing Counsel for
fhe Resporent Nog, the Court made the follwing.

ORDER:

"NoKUG. Krishna Murthy, learned Senior Counsel appearing for Mr. K. Rama Mohan, learned counsel for the petidoener submitted that the 3° respondent herein vide proceedings in Re.No.242/2022-4 dated 03.02.2022 directed the «° respondent Le.. Devangapeta Handinem Weavera to conduct an enquiry and submit a report with regard to the genuineness of the Invoices submitted by same of the Societies. Accerdingly, the 4° respondent herein conducted an enquiry and submitted a report. Earlier fo that, the Additional OGP, CID conducted an enquiry and submitted report stating that there is na malpractice to find fault with the petitioners' societies,

The 8" respondent hersin vide proceedings In Re.No.1268/2022-E1 dated 108.2022 has directed to enquire into the genuineness of involees of the petitioners' socistias.

Aggreved by the said procecdingsa, the presant Writ Petition was filed on the ground thet there is already Qwo (02) enquiries have been canducted and no iNegaldies were found more particularly against the petitioners' sacietics, Therefore, the 3° enquiry is Hegal and that the 3° respondent has no juriadintion to senduct an enquiry. The learned Senier Counsel also further submitted that the impugned proceedings are cantrary to the judgment of this Hon'ble Court reported In Choufupgos! Handioom Weaver's Cooperative Saciety Limited, Nalgonda District ws Commissioner of Handioems and Director of Nandloams and Textiies, Andhra Pradesh, 1999 {8}. ALD 146 and sise relied on another judgment reporied In The Primary Agricultural Cooperative Society Vis B.Nislla Reddy, 7986(2}) ALT 488 for the proposition that repeated enquiries net permiasihis.

The learned counsel for the respondents requested {ime to get Instructions and further stated that enquiry can be proceeded sublect ta the result of the writ petition. However, counter is required to dispose of the Writ Petition.

Considering the facts and circumstances made by both the counsel and as ner the judgments alfed supra repeated enquiries ars hnpermissibie.

Hence, there shall be interim stay of all further proceedings pursuant toe the impugned proceedings in Re.No.4 288/2022-E1 datecl 14.05.2082 for a pariad of six {06} weeks.

ei Bae cee

Post an 20.06.2022."

Seti. Madhavi

ASSISTARDE RIG : ; N ase ATRUE COPYH _

SECTION OFFICER

Mor erone ree y PES IRAN

Ta,

1. The Principal Secretary, Industries and Commerce (Textiles), Secretariat Bulldings, Velgapucil, Amaravath!, Guntur (istrict,

2. The Vine chairman and Managing Director (FAC), A.B. State Handiosm weavers' Cooperative Society Lid (APCO), Venkateswara Rao Road, Near Rehrnan Park, Govemorpet, Vilayawada,

3. The Director of Handiooms and Texilles, Government of Andhra Pradash, Yerrabalem, Mangalaairl, Guntur [Nstrict, The Assistant Director of Handisoms ard Textiles, Kacapa, Kadapa District. The Additional Director of Nandioams and Textiles Principal HHT, Venkatagii Government of Andhra Pradesh, Yerrabalem, Mangalagiri, Guntur District.

C.Nagarani, Vice-Chairman and Managing Cirector - cum - Dlrector of Handlcoms and Textiles, Venkateswara Rao Road, Near Rehman Park, Governorpet, Vieyawada. (Addresses Nos.j fo § by RPAD- along with a copy of petition and affidavits One CC to Sri. KU Ramamohan, Advocate fOPUC] Two CCs fo GP for Industries Commerce, High Court of Andhra Pradesh. [OUT]

9. One CC to Sri B. Naga Jayachancrs Reddy, Standing Counsel [OPUC]

10. One spare copy MM

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HIGH COURT

TRG

DATED TSA S022

ORDER

iA No. 1 OF 2022 iN WP NO: 14079 OF 2022

INTERIM DIRECTION