Telangana High Court

WA/1661/2014 of The Rehabilitants Pulverizing Mill Owners Welfare Vs The State of Andhra Pradesh, on 30 December 2014

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COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1661 of 2014 Date: 30.12.2014 Between: The Rehabilitants’ Pulverizing

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IN THE HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA

AND

THE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT APPEAL No. 1661 of 2014

Date: 30.12.2014

Between:

The Rehabilitants’ Pulverizing Mill Owners’Welfare Association, rep., by its President,YSR District.

… Appellant

And

The State of Andhra Pradesh, rep., by its Secretary,Industries & Mines Department,Hyderabad & others.

… Respondents

This Court made the following:

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT APPEAL No. 1661 of 2014

JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties we think that thefollowing order will sub-serve the interest of justice for which both thelearned counsel fairly agreed to.

The 2[nd] respondent shall take a decision as to whether they willsupply the barytes in terms of the agreement to the writ petitioner –appellant or not within a period of one month from the date of receipt of acopy of this order and such decision must be communicated to theappellant within seven days from the date of taking the decision. In theevent, decision is taken to supply the barytes to the appellant the samemust be done forthwith. In the event, if they decided not to supplybarytes then the respondent Corporation shall refund the amount paid bythe writ petitioner – appellant. However, the bank accounts of therespondent Corporation shall be de-frozen and the amount paid by thewrit petitioner association shall be refunded with interest as per bankrate within one month from the date of de-frozing of the accounts.

The writ appeal is accordingly disposed of.

Pending miscellaneous petitions, if any, shall stand closed. Noorder as to costs.

___________________

K.J. SENGUPTA, CJ

Date: 30.12.2014ES

___________________

SANJAY KUMAR, J

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