✦ High Court of India · 04 Mar 2025

High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Bench
Not available
Length
1,285 words

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 a Writ of Mandamus or any other appropriate writ, declaring the the action of the Respondent no. 4 in closing the Petitioner Mee-seva Centre bearing lD. TS-RFAD01 1 situated at Ponna Village, lchoda Mandal, Adilabad District without issuance of any notice or any preceding orders, as being illegal, arbitrary and unconstitutional also violative to Article 14, 19 and 21 of Constitution of lndia and also in gross violation of principals of natural justice and consequently seeking to direct the Respondent no.2 and 3 to permit the Petitioner to reopen the Mee-Seva Centre bearing lD. TS-RFAD0'I 'l situated at Ponna Village, lchoda Mandal, Adilabad District, and run the same in accordance to rules and guidelines envisaged under proceedings vide Proc No. KRRC- 1 /630/lchoda/20 1 4, Dt. 04-1 2-201 4. '1 |.A.NO:1 OF 2025 Petition Under Section 15'l CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent No. 2 and 3 to consider there presentatior-rs Dt. 25-07-2023, 10- 11-2023 and Dt. 16-'10-2023 and take necessary action in etccordanr:e with law to reopen the Mee-Sev'a Centre pe(aining to the Petitioner bearing Centre ID. TS- RFAD011 situated at Ponna Village, Ichoda Mandal, Adilabad District. |.A.NO:2 OF 2025 Petition under Section 151 CPC praying that in the circumstance.s stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to operate the [rlee-Seva Centre pertaining to the Petitioner bearing Centre lD. TS-RFAD01'l situated at Ponna Viliage, lchoda Mandal, Adilabad District. Counsel forthe Petitioner: SRI NARAPARAJU AVANEESH Counsel forthe Respondent Nos.1 & 2 : GP FOR INFORMATION AND TECHNOLOGY Counsel for the Respondent Nos.3 & 4 : G.P FOR REVENUE The Court made the following ORDER HON'BLE MRS JUSTTCE SUREPALLT NANDA WRIT PETITION No .5 LOF2(J25 ORD ER: . Heard Sri Avaneesh Narapraju, learned counsel appearing on behalf of the petitioner, learned Assistant Government pleader for Information and Technology appearing on behalf of the respondent Nos.1 and 2 and the learned Assastant Government pleader for Revenue, appearing on behalf of the respondent Nos.3 and 4.

2. The oet t roner aD Droa hed ecourt seekinq oraver as u nder: "...to issue a Writ of Mandamus or any other appropriate writ, declaring the action of the Respondent no.4 in closing the petitioner Mee_seva Centre bearing ID: TS-RFADO11 situated at ponna Village, Ichoda Mandal, Adilabad District without issuance of any notice or any preceding orders, as being illegal, arbitrary and u ncon stitutiona I also violative to Article 14, Lg & 21 of Constitution of India and also in gross violation of principals of natural justice and consequenUy seeking to dlrect the Respondent no. 2 & 3 to permit the petitioner to reopen the Mee-Seva Centre bearing ID: TS_ 2 SN,J wp 6371 2025 RFADo11 situated at Ponna Village' Ichoda Mandal' Adilabad District and run the same in accordance to rules and guidelines envisaged under proceedings vide Proc' No' KRRC- U/630/Ichoda /2014, Dt O4-t2-2014 and pass such other order or orders may deern fit a nd proper in the circumstances of the case'" 3 Ponna The case of the petitioner, in brief is that the petitioner was allotted a Mee-Seva Centre bearing ID: TS-RFAD011 situated at Village, Adilabad District by the respondent authorities' The respondent No.4 had shutdown the petitioner's; Mee-seva center without issu rng any notice or any preceding order on the basis of the petitioner instituted bY the complaint rerlistered against respondent No.4, due to which, the petitioner was falsely implicated in Cr.No.14B of 2020, dated 18'11'2020 on the file of the Gudihathnoor Police station for the offences punishable under Sections 403 and 420 of IPC and Section 66 of Il'Act' 4, representations dated It is l'urther case of the petitioner that ' vide detailed 25.07.2023, and 10'11'2023 addressed to 2 and 3 representation dated 16'10'2023 the resPondtlnt Nos' addressed to the respondent No'3' petitioner requested to reopen ) 3 SN,J wp_6371 _2025 the Mee-seva center of the petitioner. Though the said representations of petitioner had been acknowledged by the office oF the respondent No.2 on 25.07.2023 and 10.11.2023 and office of the respondent No.3 on 16.10.2023 itself, no action had been initiated by the respondent Nos.2 and 3 on the said representations as on date. Aggrieved by the same, the petitioner filed the present writ petition.

5. Learned counsel appearing on behalf of the petitioner submits that under criminal law, an accused is not guilty unless proven guilty and therefore, petitioner,s representations ,.need to be considered in accordance to law and appropriate orders passed.

6. The learned counsel appearing on behalf of the respondents do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

6. Taki nq rn Considerat lon a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counset appearrng on behalf of the petitioner and the learned 4 SN,J wD 6311 2025 Assistant Government Pleader for Information and Technology, appearing on behalf of the respondents Nos'1 and 2 and the learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos'3 and 4 a nd, c) The sPecific Plea of the petitioner that no orders have been passed on the representations of the petitioner dated 25.07.2fi23 and 10.11'2O23 addressed to the respondent No.2 herein and representation dated 16'1o'2O23 addressed to the respondent No'3 herein, which had not disputed by the learned counsel appearing on behalf of the respondents' The writ petition is disposed of directing the respondents Nos.2 and 3 to consider the grievance of the petitioner as put-forth vide petitioner's representations dated 25.07 .2023, tO'Lt'2O23 addressed to the respondent No. 2 herein and the representation dated L6'1'O'2O23 addressed to the respondent No'3 herein seeking reopening of petitioner's Mee-Seva Centre bearing ID: TS-RFADOI1 situated at Ponna Village, Adilabad District in accordance to law and pass appropriate orders on the said representations 5 SN,J w-6371 2025 within a period of two(2) weeks from the date of receipt of a copy of this order and duly communicate the decision upon the said representations to the petitioner herein' However' there shall be no order as to costs' As a sequel, the miscellaneous petitions' if any pending, in the Writ Petition shall also stand closed' //TRUE COPY// SD/. P 5$BTiil+"-EI.EFRRX ECTION OFFICER rheprincipars."!,"r.,3:^Dfi illT?iu:#H?:"#IrX"I:?j?:JSJi;l8' trla.tronics and Communtca E[t',];iil;;; +,119:l?131,,"". Derivery(ESD), Dedartment or rr and The Commissioner, Electror titUd",Uf**tf ",iUl6X+ig:fA#5::'r'$'3:1^"' +;t:'::?j:"fi3ilf,J?Ellt' Hish court ror the State or reransana at B'.l%tii JR|JIRAPARAJ u A'AN EES H' Advocate toP u cI Two CD CoPies To 1

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4. 5 7 o SA GJP C.C. TODAY 1r\ i ST47:(' ( a' i!, ii") 12 t4AR 2025 v ).,lt \'.. /rr - ^ \- -- HIGH COURT DATED:0410312025 ORDER WP.No.6371 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \ k>

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