Case details

Court: Andhra Pradesh High Court
Decided: 31 December 2024
Case number: 4243 of 2024
Type: Judgment (ALLOWED)

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CNR: APHC010277952024, case WP/13926/2024 (search it on the eCourts High Court services website (CNR Number tab))

Andhra Pradesh High Court

WP/13926/2024 of SAR DENIM PRIVATE LIMITED Vs State of Andhra Pradesh, on 31 December 2024

Cites 0, Cited by 0

COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO z WRIT PETITION NO: 4243, 4246. 4247, 4252. 4254, 4804. 4805, 4813 4814, 5875, 7437, 8863, 8919, 8976.

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

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENTTHE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 4243, 4246. 4247, 4252. 4254, 4804. 4805, 48134814, 5875, 7437, 8863, 8919, 8976. 9143. 12295, 12296. 12302, 12303.

12320, 12321, 12322, 12323, 12677. 12678, 13926 and 23333/2024WRIT PETITrON NO: 4243 OF 2024

Between:

Nandi Vardhana TextileMillsLimited,Regd. Office andFactoryatThimmapuram Village, Ediapadu Mandal, PalnaduDistrict-522233.Represented by its Managing Director Mr.P Srinivasa Rao.

AND

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1. State of Andhra Pradesh, Department of Industries and Commerce,Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. State of Andhra Pradesh, Industries and Commerce( Handlooms[and]Textiies)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiies)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh,[APIIC]Buildings,Floor, Mangalagiri, Guntur District.Buildings,Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that intlie circumstances stated in the affidavit filed therewith, theligh Court may z bepleasedtoissueanappropriateWrit,Orderordirectionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction of■the Respondents in disbursing / releasing the outstanding[due][ amount][ of]Rs.«,33,07,369/-,payabletothePetitionerCompany,towards■.Reimbursement of Power cost Subsidy incentive, which amount is admittedand approved/sanctionedby the4‘^ Respondent undertherespectiveIndustrial Investment Promotion Policy (lIPP) 2005-10 andlIPP 2010-15announced by the State Government as illegal, arbitrary and[ in] violation ofArticles 14 and 19(1 )(g) of the Constitution of India and consequently directtheRespondentstoforthwithmakepaymentofthedueamountofRs.3,33,07,369/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Promotion Policy (lIPP) 2005-10 andlIPP 2010-15along with interest amount of Rs.1,96,85,313/- accrued as on 31-01-2024calculated @12percent per annum from the respective dates of sanction,along with subsequent interest @ 12percent per annum from 1-02-2024tillthe date of payment.

V’>'’

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.6,09,55,756/-due to the Petitioner, towards Power cost/interest Subsidy incentives andstamp duty, which amount is admitted and approved/sanctioned by the 4'^respondent under the Industrial Development Policy (IDP) 2015-20 dt.29-04-2015 announced by the State Government, along withinterestamountof Rs.2,40,60,359/- accrued as on 31-01-2024 from the respective dates ofsanction.

Counsel for the Petitioner; SRI SRICHARAN TELAPROLUCounsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

Between:

Ymdu Textiles Private Limited, Regd. Office at H.No.17-3-2514/4Vidyanagar, Guntur, Guntur District, Factory at Sy.No.46, Tirumalaqir’iVillage,JaggayyapetMandal,NTR(erstwhileKrishna)L.District,Representedbyits ExecutiveDirector/ AuthorizedSignatoryMr.Battineni Benarji Babub.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi. Guntur District - 522503 Rep bvits Secretary.Secretariat, Velagapudi, Amaravathi. Guntur District - 522503 Rep bvits Secretary.

2. The State of Andhra Pradesh. Industries and Commerce([Handlooms]and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings, 8 TFIFloor, Mangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, 8 TFIFloor, Mangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance, SecretariatVelagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh CourtmaybepleasedtoissueanappropriateWrit,Orderordirectionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding[due amount][ of]Rs.13.92,33,984/-,payabletothePetitionerCompany,towardsReimbursementof Powercost/interestSubsidyincentivessalestax,mortgageandstampduty,whichamountisadmittedandapproved/sanctionedbythe4thRespondentundertheIndustrialDevelopment Policy (IDP) 2015-20 announced by the State Government, asillegal,arbitraryandinviolationofArticles14and19(1)(g)ofthe Constitution of India and consequently direct the Respondents[to][ forthwith]make payment of the due amount of Rs. 13,92,33,984/- to the Petitioner,approved/sanctionedunder theIndustrialDevelopment(IDP)2015-20along with interest amount of Rs.6,811,13,439/- accrued as on 31-01-2024calculated @12 percent per annum from the respective dates of sanction,along with subsequent interest @ 12 percent per annum[from][ 1-02-2024]tillthe date of payment.

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs. 13,92,33,984/-due to the Petitioner, towards Power cost/interest Subsidy incentives, salestax,mortgageandstampduty,whichamountisadmittedandapproved/sanctionedbythe4threspondentundertheIndustrialDevelopment Policy (IDP) 2015-20 dt.29-04-2015 announced by the StateGovernment, along with interest amount of Rs.6,81,13,439/- accruedas on31-01-2024 from the respective dates of sanction.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNINGWRIT PETITION NO: 4247 OF 2024

Between:

SreeLalitha Paramoswari SpinningMillsPvt.Ltd.,Regd.OfficeatD.No.5-37-218,TirumalaComplex,4/2Brodipet,Guntur,GunturDistrict,Factoryat D.No.4-6,Narakoduruto TenaliRoad,ChebroluDonka,Chebrolu,GunturDistrict- 522212.RepresentedbyitsExecutive Director / Authorised Signatory, Mr.Kunala Venkata BhaskaraKao.D.No.5-37-218,TirumalaComplex,4/2Brodipet,Guntur,GunturDistrict,Factoryat D.No.4-6,Narakoduruto TenaliRoad,ChebroluDonka,Chebrolu,GunturDistrict- 522212.RepresentedbyitsExecutive Director / Authorised Signatory, Mr.Kunala Venkata BhaskaraKao.

AND

1State uf Ai idl ira Pradeel t, Department of Industries and Commerce.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. bySecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. State of Andhra Pradesh, Industries and Commerce(Handlooms[and]Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries, APIIC Buildings, 8“^ Floor,Mangalagiri. Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, 8“^ Floor,Mangalagiri. Guntur District

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents, in disbursing / releasing the outstanding[due amount][ of]Rs.27,98,73,969/-,payabletothePetitionerCompany,towardsReimbursementofPowercost/lnterest/lnvestmentSubsidyincentives,which amount is admitted and approved/sanctioned by the 4th Respondentunder the respective Industrial Investment Policy (lIPP) 2005-10, IDP 2015-20 and G.O.Ms.No.168,Industries and Commerce (Prog.II)Departmentdt.30-11-2016 announced by the State Government, as illegal, arbitrary andin violationof Articles14 and 19(1)(g)of the ConstitutionofIndia andconsequently direct the Respondents to forthwith make payment of the dueamount of Rs.27.98,73,969/- to the Petitioner, approved/sanction[ed][ under]theindustrialinvestmentPolicy(lIPP)2005-10,IDP2015-20andG.O.Ms.No.l68, Industries and Commerce (Prog.II) Department[dt.30-11-]2016, along with interest amount of Rs. 12,61,78,272/- accrued as on. 31- 01-2024 calculated @12percent per annum from the respective[dates]ofsanction, along with subsequent interest @ 12percent per annum from1-02-2024 till the date of payment.

Petition under Section151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.27,98,73,969/-dueto the Petitioner, towards Reimbursement of Povyer cost/InterestSubsidy/ Investment Subsidy incentives, which amountisadmittedandapproved/sanctioned by the 4*^ respondent under the respective IndustrialInvestmentPolicy(lIPP) 2005-10.IDP2015-20andG.O.Ms.No.168,Industries and Commerce (Prog.II) Department dt.30-11-2016 announcedby the State Government, along with interest amount of Rs. 12,61,78,272/-accrued as on 31-01-2024 from the respective dates of sanction.

Between:

’Factory at RS No.28/1,29/IB, Chillakallu to Makkapet Road, Bhimavaram VillageVatsavaiMandal, NTR (erstwhileKrishna) District - 521 178. Represented by itsManaging Director Mr. Kota Purushotham

AND

...Petitioner

1The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep bvitc Qo^'ratorv;^Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep bvitc Qo^'ratorv;^2. State of Andhra Pradesh, Industries and Commerce( Handlooms andTextiles)Department, Secretariat, Velagapudi. AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary,Textiles)Department, Secretariat, Velagapudi. AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary,

3. The Commissioner of Industries, State of Andhra Pradesh. APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The Stale Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings 8th FloorMangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings 8th FloorMangalagiri, Guntur District

lA NO: 1 OF 2024

respondent under the Industrial Development Policy (IDP) 2015-20 dt.29-04-2015 announced by the State Government, along \A/ith interest amountof Rs.2,40,60,359/- accrued as on 31- 01-2024 from the respective dates ofsanction.

Between:

Tirumala Cotton and Agro Products Pvt. Ltd. Regd. Office and Factoryat Thimmapuram Village, Ediapadu Mandal, Palnadu District- 522 233Represented by its Managing Director Mr.Peravali Raghava[Rao.]

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Reobvits Secretary.^Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Reobvits Secretary.^

2. The State of Andhra Pradesh, Industries and Commerce( Handloomsand Textiles)Department, Secretariat. Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat. Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.3. The Commissioner of Industries, State of Andhra Pradesh, API 1CBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings8*'' FloorMangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings8*'' FloorMangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi, Guntur District - 522503, Represented byitsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District - 522503, Represented byitsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed, therewith, the Fligh Court may bepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of MandamiISdeclaring the inaction ofthe Respondents in disbursing / releasing the outstanding due amount ofRs.23,89,63,235/-payabletothePetitionerCompanytowardsReimbursementof Powercost/Interest/InvestmentSubsidyincentives.which amount is admitted and approved/sanctioned by the 4'^ Respondentunder the respectiveIndustrial Investment Policy (lIPP)2005-10,lIPP2010-15,IDP 2015-20andG.O.Ms.No.l68,IndustriesandCommerce(Prog.II) Department dt.30-11-2016 announced by the State Governmentasillegal,arbitraryandinviolationofArticles14and19(l)(g)oftheConstitution of India and consequently direct the Respondents[to][ forthwith]make payment of the due amount of Rs.23,89,63,235/- to thePetitionerapproved/sanctioned under the Industrial Investment Policy (lIPP) 2005-10,lIPP 2010-15, IDP 2015-20 and G.O.Ms.No.168, Industries and Commerce(Prog.II)Departmentdt.30-11-2016alongwithinterestamountofRs.14,25,42,854/- accruedas on31-01-2024calculated@12percentperannumfromtherespectivedatesof sanction,alongwithsubsequentinterest @ 12percent per annum from 1-02-2024 till the date of payment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying thatin the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.23,89,63,235/-duetothePetitioner, towards Reimbursement of Power cost/InterestSubsidy/ Investment Subsidyincentives, which amountisadmittedandapproved/sanctioned by the 4‘^ respondent under the respective IndustrialInvestmentPolicy(llPP)2005-10,lIPP2010-15,IDP2015-20andG.O.Ms.No.168, Industries and Commerce (Prog.II) Department[dt.30-11-]2016 announced by the State Governmentalong with interest a.mount ofRs. 14,25,42,854/- accrued as on 31-01-2024 from the respective dates ofsanction.

Counsel for the Petitioner: SRI SRICHARAN TELAPROLUCounsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

Between:

Srinivasa Cotton And Oil Mills Pvt. Ltd, Regd. Office and Factory at 490,Old Madras Road, Varagani Village, Pedanandipadu Mandal,[Guntur]District- 522 235 Represented byits ManagingDirectorMr.DasariLakshmi Siva Rama Prasad.

AND

...Petitioner

1. State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep ’byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep ’byits Secretary.

2. State of Andhra Pradesh, Industries and Commerce( Handlooms[ and]Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings, SthFloorMangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, SthFloorMangalagiri, Guntur District

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs. 6,09,32,183/-due to the Petitioner, towards Power cost/interest Subsidy incentives andstamp duty, which amount is admitted and approved/sanctioned by the 4‘^respondent under the Industrial Development Policy (IDP) 2015-20 dt.29-04-2015 announced by the State Government, along with[interest] amountof Rs.1,57,50,921/- accrued as on 31-01-2024 from the respective dates ofsanction.

Between:

Kallam Brothers Cottons Private Limited, Regd. Office and Factory at160B, Sattenapaili- Pidugurall Road,Dhulipalli, Palnadu(erstwhile)GunturDisirict-522412.RepresentedbyitsManaqinqDirecto'"Mr.Kallam Nagi Reddy.160B, Sattenapaili- Pidugurall Road,Dhulipalli, Palnadu(erstwhile)GunturDisirict-522412.RepresentedbyitsManaqinqDirecto'"Mr.Kallam Nagi Reddy.

AND

2. State of Andhra Pradesh, Industries and Commerce([Handlooms][ and]Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

5. State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi. Guntur District - 522503, Represented by itsFinance Principal SecretaryVelagapudi, Amaravathi. Guntur District - 522503, Represented by itsFinance Principal Secretary

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding[due][ amount][ of]Rs.13,36,00,529/-,payabletothePetitionerCompanytowardsReimbursement of Power cost Subsidy incentive, which amount is admittedand approved/sanctionedby the4“^ Respondent under therespectiveIndustrial Investment Promotion Policy (lIPP) 2005-10 andIIPP 2010-15announced by the State Government as illegal, arbitrary[and]in violation ofArticles 14 and 19(1 )(g) of the Constitution of India and consequently directtheRespondentstoforthwithmakepaymentofthedueamountofRs.13.36,00,529/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Promotion Policy (IIPP) 2005-10 andIIPP 2010-15along with interest amount of Rs.5,09,94,038/- accrued as on 31-01-2024calculated @12percent per annum from the respective datesof sanction,along with subsequent interest @ 12percent per annum from 1-02-2024tillthe date of payment.

Pcliliui. uiidtifSfcjcliun 151 CPC piayiny that in the ciicuinstanoesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs. 13,36,00,529/-duetothePetitioner, towards Reimbursement of PowercostSubsidythincentives, which amount is admitted and approved/sanctioned by the 4respondent under the respectiveIndustrialInvestment PromotionPolicy(lIPP) 2005-10 and lIPP 2010-15 announced by the State Government,along with interest amount of Rs.5,09,94,038/- accrued as on 31-01-2024from the respective dates of sanction.

Counsel for the Petitioner; SRI SRICHARAN TELAPROLU

Counsel for the Respondents; GP FOR FINANCE & PLANNING

WRIT PETITION NO; 4813 OF 2024

Between:

Kallam Textiles Limited, Regd. Office and Factory (Weaving Division) atChowdavaram, Guntur District - 522 019 Represented by its AuthorizedSignatory, Mr.P Govardhan Reddy.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. The State of Andhra Pradesh, Industries and Commerce (Handloomsand Textiles) Department, Secretariat, Velagapudi, Amaravathi, GunturDistrict - 522503 Rep. by its Principal Secretary.and Textiles) Department, Secretariat, Velagapudi, Amaravathi, GunturDistrict - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of industries, Commissionerate of industries, APIIC Buildings, 8'^ FloorMangalagiri, Guntur Districtof industries, Commissionerate of industries, APIIC Buildings, 8'^ FloorMangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance. Secretariat,Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirection.moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing/ releasing the outstanding[due][ amount][ of]Rs.21,36,89,362/-payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive, which amount is admittedandapproved/sanctionedby the4*''Respondent undertherespectiveIndustrial Investment Promotion Policy (iIPP) 2005-10 andlIPP 2010-15announced by the State Government as illegal, arbitrary andin violation ofArticles 14 and 19(l)(g) of the Constitution of India and consequently directtheRespondentstoforthwithmakepaymentof thedueamountofRs.21,36,89,362/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Promotion Policy (IIPP) 2005-10 andIIPP2010-15along with interest amount of Rs.7,20,46,211/- accrued as on 31-01-2024calculated (®12 percent per annum from the respective dates of sanction,along with subsequent interest @ 12 percent per annum from 1-02-2024tillthe date of payment.

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.21,36,89,362/-duetothePetitioner,towardsReimbursementof PowercostSubsidyincentives, which amount is admitted and approved/sanctioned by the 4'^respondent under therespectiveIndustrialInvestment PromotionPolicy(IIPP) 2005-10 and IIPP 2010-15 announced by the State Government, along with interest amount of Rs.7,20,46,211/- accrued as on 31-01-2024from the respective dates of sanction.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNINGWRIT PETITION NO: 4814 OF 2024

Between:

Kallam Textiles Limited, Regd. Office AND Factory (Spinning Division)at Chowdavaram,GunturDistrict-522019RepresentedbyitsAuthorized Signatory, Mr.P Govardhan Reddy....Petitioner

AND

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byIts Secretary.^Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byIts Secretary.^

2. The State of Andhra Pradesh, Industries and Commerce([Handlooms]and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, API 1CBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of industries, APIIC BuildingsFloorMangalagiri, Guntur Districtof Industries, Commissionerate of industries, APIIC BuildingsFloorMangalagiri, Guntur District

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidayit filed therewith, the High CourtmaybepleasedtoissueanappropriateWrit,Orderordirection,moreparticuiariy one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding due amountofRs.7,72,13.664/-payabletothePetitionerCompany,towards Reimbursement of Power cost Subsidy incentive, which[amount]is admittedandapproved/sanctionedby the4‘^Respondent under therespectiveIndustrial Investment PromotionPolicy (lIPP) 2005-10[and]lIPP2010-15announced by the State Government as illegal, arbitrary[and]in violation ofArticles 14 and 19(l)(g) of the Constitution of India and consequently directtheRespondentstoforthwithmakepaymentofthedueamountofRs.7,72,13,664/- to the Petitioner, approved/sanctioned[under][ the][ Industrial]Investment Promotion Policy (lIPP) 2005-10 and lIPP 2010-15 along withinterest amount of Rs.4,59,86,969/- accrued as on 31-01-2024 calculated@12 percentage per annum from the respective dates of sanction, alongwith subsequent interest @ 12 percentage per annum[from]1-02-2024tillthe date of payment.

lA NO;1 OF 2024

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.7,72,13,664/-duetothePetitioner,towardsReimbursementof PowercostSubsidyincentives, which amountis admitted and approved/sanctioned by the 4threspondent under therespectiveIndustrialInvestment PromotionPoHcy(lIPP) 2005-10 andlIPP 2010-15 announced by the State Government,along with interest amount of Rs.4,59,86,969/- accrued as on 31-01-2024from the respective dates of sanction.

Between:

Vamsikrishna Spinning Mills Pvt Ltd. Regd. Office and Factoryat Sy.Na 135/A. 123/B. GT Road. Ganapavaram. Palnadu(erstwhileGuntur) District, Represented by its Managing Director Mr.K Hari Babu.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byIts Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byIts Secretary.

2. The State of Andhra Pradesh, Industries and Commerce{[Handlooms]and Textiles)Department, Secretariat. Velagapudi. Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat. Velagapudi. Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of industries. State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries. APIIC Buildings8th FloorMangalagiri, Guntur Districtof Industries, Commissionerate of Industries. APIIC Buildings8th FloorMangalagiri, Guntur District

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs. 1,90,38,644/-duetothePetitioner,towardsReimbursementofPower costSubsidyincentives, which amount is admitted and approved/sanctioned by the 4thrdspondent under the Industrial Investment Promotion Policy (lIPP) 2005-10announced by the State Government, along withinterest[amount]ofRs.^ 1,35,17,564/- accruedas on 31-01-2024 fromtherespectivedatesofsanction.

Between:

Sri Lakshmi Godavari Spinning Mills Pvt. Ltd, (previously[Sri][ Lakshmi]Godavari SpinningMillsLtd),Regd.Office andFactory Sy.No.113,Chebrolu, Tenali Road, Guntur, Guntur District- 522 212, Rep byitsDirector, Mr.K Subba Rao.

AND

...Petitioner

2. State of Andhra Pradesh, Industries and Commerce (Handlooms «andText^les) Department, Secretariat, Velagapudi, Amaravathi, GunturUislncl - 522503 Rep. by its Principal Secretary.Text^les) Department, Secretariat, Velagapudi, Amaravathi, GunturUislncl - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorot Industries, Commissionerate of Industries, APIIC Buildings8th FloorMangalagiri, Guntur Districtot Industries, Commissionerate of Industries, APIIC Buildings8th FloorMangalagiri, Guntur District

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a writ, direction or order more particularly onein thenature of a Writ of Mandamus, declaring the inaction of the Respondents indisbursing/ releasing the outstanding due amount of Rs.31,92,64,607/-,payableto the Petitioner Company, towards ReimbursementofPowercost/Interest/Investment Subsidy incentives, which amountis admitted andapproved/sanctioned by the 4th Respondent under the respective IndustrialInvestmentPolicy(lIPP)2005-10,lIPP2.010-15IDP2015-20andG.O.Ms.No.168, Industries and Commerce (Prog.II) Department dt.30-11-2016 announced by the State Government asillegal,arbitraryandinviolationof Articles14 and19(1)(g)of theConstitutionofIndiaandconsequently direct the Respondents to forthwith make payment of the dueamount of Rs.31,92,64,607/-, to the Petitioner, approved/sanctio ned underthe industrial Investment Policy (lIPP) 2005-10, lIPP 2010-15, IDP 2015-20and G.O.Ms.No.168, Industries and Commerce (Prog.II) Department dt.30-11-2016 along with interest amount of Rs 14,68,59,220/- accrued as on 31-01-2024 calculated @12percent per annum from the respective datesofsanction, along with subsequent interest @ 12percent per annum from1-02-2024 till the date of payment.

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.31,92,64,607/-duetothePetitioner,towards Reimbursementof Power cost/InterestSubsidy/Investment Subsidyincentives, which amountisadmittedandapproved/sanctioned by the 4‘^ respondent under the respective IndustrialInvestmentPolicy(lIPP)2005-10,IIPP2010-15,IDP2015-20andG.O.Ms.No.168, Industries and Commerce (Prog.11) Department[dt.30-11-]2016 announced by the State Government, along withinterest amount ofRs 14,68,59,220/- accrued as on 31-01-2024 from the respective dates ofsanction.

Between:

Sudha Agro Oil And Chemical Industries Limited, Regd.[Office][ at][ 19-1-]422, G Rangampet,Samalkot,Kakinada(ErstwhileEast Godavari)District.RepresentedbyitsManagingDirectorMr.RamakrishnaEdupuganti.

AND

...Petitioner

2. The State of Andhra Pradesh, industries and Commerce([Handlooms]and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

5. State of Andhra Pradesh, Department of Finance. SecretariatVelagapudi, Amaravathi. Guntur District 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi. Guntur District 522503, Represented by itsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh CourtmaybepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding[due][ amount][ of]Rs.8,13,67.100/-payabletothePetitionerCompany,towardsReimbursement of Power cost/interest Subsidy incentives, which amountisadmittedandapproved/sanctionedbythe4*^Respondentundertherespective Industrial Investment Policy (IIPP) 2010-15 and G.O.Ms.No.l68,Industries and Commerce (Prog.II) Department dt.30-11-2016 announcedby the State Government as illegal, arbitrary and in violation of Articles 14and19(l)(g)of theConstitutionofIndia andconsequentlydirecttheRespondentstoforthwithmakepaymentofthedueamountofRs.8,13,67.100/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Policy (IIPP) 2010- 15 and G.O.Ms.No.l68.[Industries]and Commerce(Prog.II) Department dt.30-11-2016alongwithinterestamountof Rs.3.67,01,067/- accruedason29-02-2024 calculated @12percentage per annum from the respective dates of sanction, along withsubsequent interest @ 12 percentage per annum from1-03- 2024till thedate of payment.

Petition under Section 151 CPC praying thatin the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs 8.13,67,100/-, payabletothePetitioner Company,towardsReimbursementofPowercost/interestSubsidyincentives,whichamountisadmittedandapproved/sanctioned by the 4‘^ Respondent under the[Industrial][ Investment]Policy(lIPP)2010-15,andG.O.Ms.No.168,IndustriesandCommerce(Prog.II) Department dt.30-11-2016 announced by the[State][ Government]along with interest amount of Rs.3,67,01,067/- accrued as on 29-02-2024from the respective dates of sanction.

Counsel for the Respondents; GP FOR INDUSTRIES COMMERCE

Between;

Sri Vaishnavi Spintex (India) Pvt. Ltd., Regd. Office and Factory at 2-21,Kolanapalli(v), Kalla (M), West GodavariDistrict. Represented byitsManaging Director Mr. Reddy Ranga Babu.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and Commerce,Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. The State of Andhra Pradesh, Industries and Commerce (Handloomsand Textiles) Department, Secietariat, Velagapudi, Amaravathi, GunturDistrict - 522503 Rep. by its Principal Secretary.and Textiles) Department, Secietariat, Velagapudi, Amaravathi, GunturDistrict - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh,[APIIC]Buildings,Floor, Mangalagiri, Guntur District.Buildings,Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries, APIIC Buildings, 8th Floor,Mangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, 8th Floor,Mangalagiri, Guntur District 5State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi, Guntur District 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District 522503, Represented by itsFinance Principal Secretary.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High CourtmaybepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding[due]amount ofRs.8,19,13,376/-,payabletothePetitionerCompany,towardsReimbursement of Power cost/interest Subsidy incentives,[which]amount isadmittedandapproved/sanctionedbythe4thRespondentundertherespective Industrial Investment Policy (lIPP) 2010-15, and G.O.Ms.No.l68,Industries and Commerce (Prog.II) Department dt.30-11-2016 announcedby the State Government as illegal, arbitrary and in violation of Articles 14and19(1)(g) of the Constitution of India and consequentlydirecttheRespondentstoforthwithmakepaymentofthedueamountofRs.8,19,13,376/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Policy (lIPP) 2010-15 and G.O.Ms.No.168, Industriesand Commerce (Prog.II)Department dt.30-11-2016 alongwithinterestamountof Rs.4,66,30,298/- accrued as on 29-02-2024calculated @12percentper annumfromtherespective datesof sanction,alongwithsubsequent interest @ 12 percent per annum from 1-03-2024 till the date ofpayment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying thatin the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.8,19,13,376/-,payableto the Petitioner Company, towards ReimbursementofPowercost/interestSubsidyincentives.whichamountisadmittedandapproved/sanctioned by the 4'^ Respondent under the Industrial InvestmentPolicy(lIPP) 2010-15, andG,O.Ms,No,168,IndustriesandCommerce(Prog.II) Department dt.30-11-2016 announced by the State Government, along with interest amount of Rs.4,66,30,298/- accrued as on 29-02-2024from the respective dates of sanction.

Counsel for the Petitioner; SRI SRICHARAN TELAPROLU

Between;

Sri Nagamalleswara Spintex (India) Limited, Regd. Office and Factoryat D No. 229, Rajupalem Village and Mandal, Palnadu (erstwhile GunturDistrict). Representedbyits ManagingDirector,Mr.ReddyRanqaBabu.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byits Secretary.

2. The State of Andhra Pradesh, Industries and Commerce([Handlooms]and Textiles)Department, Secretariat, Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.and Textiles)Department, Secretariat, Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings, 8‘^ FloorMangalagiri, Guntur Districtof Industries, Commissionerate of Industries, APIIC Buildings, 8‘^ FloorMangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance, SecretariatVelagapudi, Amaravathi, Guntur District- 522503, Represented by itsFinance Principal Secretary.Velagapudi, Amaravathi, Guntur District- 522503, Represented by itsFinance Principal Secretary.

Rs.6,79,95.842/-,payabletothePetitionerCompanytowardsReimbursement of Power cost/interest Subsiriy inoentives, which amountISi:admitted and approved/sanctioned by the4"' Respondent- undertherespective Industrial Investment Policy (lIPP) 2010-15. and G.O.Ms.No.168,Industries and Commerce (Prog.II) Department dt.30-11-2016 announcedby the State Government as illegal, arbitrary and in violation of Articles 14and19(1)(g) of theConstitutionof India andconsequentlydirecttheRespondentstoforthwithmakepaymentofthedueamountofRs.6,79,95,842/- to the Petitioner, approved/sanctioned under theIndustrialInvestmentPolicy(lIPP) 2010-15 and G.O.Ms.No.168IndustriesandCommerce (Prog.II) Department dt.30-11-2016 along with interest amountof 45374827 accrued as on 29-02-2024 calculated @12 percentper annumfrom the respective dates of sanction, along with subsequent interest @12percent per annum from 1-03-2024 till the date of payment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.6,79,95.842/-,due to the Petitioner, towards Reimbursement of Powercost/InterestSubsidy incentives, which amount is admitted and approved/sancti oned bythe 4respondent under the Industrial Investment Policy (lIPP)[2010-15]IDP2015-20andG.O.Ms.No.168,Industriesand Commerce(Prog.II)Department dt.3 0-11-2016 announced by the State Government.alongwith interest amount of Rs.4.53,74,827/- accruedas on 06-03-2024 fromthe respective dates of sanction.

Between:

Sar Denim Private Limited, Regd. Office at 31, Sector - 9, Ambala City,Haryana- 134003,Factoryat KhasraNo.148/1,148/2,[SAR]DenimPrivateLtd,Hindupur,LepakshiRoad,Lepakshi, Anantapur,AndhraPradesh- 515331. Represented byits Director / Authorized SignatoryMr. Rishabh Bansal.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries[and][ Commerce]Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. The State of Andhra Pradesh, Industries and Commerce (Handloomsand Textiles)Department Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, API 1CBuildings, Floor, Mangalagiri, Guntur District.Buildings, Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur Districtof Industries Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur District

Petition under Article 226 of the Constitution of India praying that inthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedto issue anappropriateWrit, Order or direction,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondentsin disbursing/ releasing the outstanding[due][ amount]ofRs.24,22,73,835/-,payabletothePetitionerCompany,towardsReimbursement of Power cost/interest Subsidy incentives and stamp duty,which amount is admitted and approved/sanctioned by the 4‘^ RespondentundertheIndustrialDevelopmentPolicy(IDP)2015-2020intermsof Sectoral Policy viz. Textile and Apparel Poticy 2015-2020 announced by theStatft Government,a.s illegal, arbitrary andin violation of Articles14 and^9(’^){9)oftheConstitutionofIndiaandconsequentlydirecttheRespondentstoforthwithmakepaymentofthedueamountofRs.24.22,73,835/-tothePetitioner,. approved/sanctionedundertheIndustrial Development(IDP) 2015-20in termsof SectoralPolicyviz.TextileandApparelPolicy 2015-2020alongwithinterestamountofRs.9,47,42,881/- accrued as on 31-03-2024 calculated @12 percentageperannum fromthe respective datesof sanction,alongwithsubsequentinterest @ 12 percentageper annum from1-04-2024tillthedateofpayment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to forthwith make payment of the dueamount of Rs.24,22,73,835/-, to the Petitioner, approved/sanctio[ned][ under]the Industrial Development (IDP) 2015-20 in terms of Sectoral Policy viz.TextileandApparelPolicy 2015-2020alongwithinterestamountofRs.9,47,42,881/- accrued as on 31-03-2024 calculated @12 percentage perannum fromtherespectivedatesof sanction,alongwithsubsequentinterest @ 12% per annum from 1- 04-2024 till the date of payment.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNINGWRIT PETITION NO: 12295 OF 2024

Between:

Sudarsanam Spinning Mills, Division of The Ramaraju Surgical CottonMills Ltd., Regd.Office at P.O.Box 2,119, 120, P.A.C. Ramasamy RajaSalai, Rajapalayam-626117, Virudhunagar District, Tamil Nadu,India, Industrial Unit at S.No.52 and53, Tirumalagiri Village, JaggaiahpetMandal,KrishnaDistrict,AndhraPradesh.RepresentedbyitsAuthorised Signatory, Mr. Bhavanasi Srinivasarao....Petitioner

AND

2. The State of Andhra Pradesh, industries and Commerce([Handlooms]and Textiies)Department, Secretariat, Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.and Textiies)Department, Secretariat, Velagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries, Commissionerate of Industries. APIIC Buildings8 thFloor, Mangalagiri, Guntur District.of Industries, Commissionerate of Industries. APIIC Buildings8 thFloor, Mangalagiri, Guntur District.

5. State of Andhra Pradesh, Department of Finance, SecretariatVelagapudi, Amaravathi, Guntur District - 522503. Represented by itsFinance Principal SecretaryVelagapudi, Amaravathi, Guntur District - 522503. Represented by itsFinance Principal Secretary

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make Rs.2,09,52,139/- duetothePetitioner, towards payment of Reimbursement of Powercost Subsidyincentives/Salestaxsubsidywhichamountisadmittedandapproved/sanctioned by the 4*'^ respondent under the Industrial InvestmentPromotion Policy (lIPP) 2005-2010 in terms of Sectoral Policy viz. Textile &Apparel Promotion Policy 2005-2010 announced by the State Government.

Between:

SandhyaSpinningMillLimited,Regd.Office No.47P S KNaqarRajapalayam-626108,TamilNadu,India,IndustrialUnitatR.S.No.66/1,66/2 and 66/3, Gopinenipalem Village, Vatsavai Mandal,KrishnaDistrict,AndhraPradesh.RepresentedbyitsAuthorisedSignatory, Mr. Bhavanasi Sri.nivasarao.

AND

...Petitioner

2. The State of Andhra Pradesh, Industries and Commerce([Handlooms]and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary. The Commissioner ofIndustries,and Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary. The Commissioner ofIndustries,

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8'" Floor, Mangalagiri, Guntur District.Buildings, 8'" Floor, Mangalagiri, Guntur District.

4. The Stale Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur District.of Industries, Commissionerate of Industries, APIIC Buildings, 8*^ Floor,Mangalagiri, Guntur District.

5. State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal SecretaryVelagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirectionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondentsin disbursing releasing the outstanding due amount[ of]Rs.3,40,58,032/-,payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive, which amount is admittedandapproved/sanctionedbythe4*^RespondentundertheIndustrialInvestment Promotion Policy (lIPP) 2005-2010in terms of Sectoral Policyviz. Textile and Apparel Promotion Policy 2005-2010 announcedby theState Government as illegal, arbitrary and in violation of Articles14 and’19(1)(g)oftheConstitutionofIndiaandconsequentlydirecttheRespondentstoforthwithmakepaymentofthedueamountofRs.3,40,58,032/- to the Petitioner, approved/sanctioned under the IndustrialInvestment Promotion Policy (lIPP) 2005-2010 in terms of Sectoral Policyviz. Textile and Apparel Promotion Policy 2005-2010 along withinterest@12 percent per annum from the respective dates of sanctiontill the dateof payment.

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the Fiigh Court may bepleased to direct the Respondents to make payment of Rs.3,40,58,032/-duetothePetitioner, towards Reimbursement of PowercostSubsidy {hincentives, which amount is admitted and approved/sanctioned by the 4respondent under the Industrial Investment Promotion Policy (lIPP) 2005-2010 in terms of Sectoral Policy viz. Textile & Apparel Promotion Policy2005-2010 announced by the State Government.

Counsel for the Petitioner; SRI SRICHARAN TELAPROLU

Counsel for the Respondents: GP FOR FINANCE & PLANNINGWRIT PETITION NO: 12302 OF 2024

Between:

Textiles, (Formerly Sri Harini Textiles Limited), Presently[the]unit of The Ramaraju Surgical Cotton Mills Ltd., Regd.Office at P.O.Boxw-jilP. RsiT^asamyRajaSalai,Rajapalayam-626117,VirudhunagarDistrict,TamilNadu,India,IndustrialUnitatTirumalagiri, Jaggaiahpet, Andhra Pradesh-521178RepresentedbyitsAuthorisedSignatoryBhavanasiSrinivasarao

AND

3. The Commissioner Of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman AND Directorof Industries, Commissionerate of Industries, APIIC Buildings8th FloorMangalagiri, Guntur District.of Industries, Commissionerate of Industries, APIIC Buildings8th FloorMangalagiri, Guntur District.

5. The State of Andhra Pradesh, Department of Finance, SecretariatVelagapudi, Amaravathi,Velagapudi, Amaravathi,

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court may bepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondentsin disbursing/ releasing the outstanding[due][ amount][ of]Rs.1,67,32,578/-,payabletothePetitionerCompany,towardsReimbursementofPowercostSubsidyincentive/IIDFsubsidy,whichamount is admitted and approved/sanctioned by the 4'*^ Respondent underthe Industrial Investment Promotion Policy (IIPP) 2005-2010intermsofSectoralPolicyviz.Textile ANDApparelPromotionPolicy2005-2010announced by the State Government as illegal, arbitrary[and]in violation ofArticles 14 and 19(1)(g) of the Constitution of India and consequently directtheRespondentstoforthwithmakepaymentofthedueamountofRs.1,67,32,578/- to the Petitioner, approved/sanctiooed under the Industrialinvestment Promotion Policy (IIPP) 2005-2010in terms of Sectoral Policyviz. Textile AND Apparel Promotion Policy 2005-2010 along withinterest@12 PERCENT per annum from the respective dates of sanctiontill thedate of payment.

Petition under Section 151 CPC praying thatin the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.1,67,32,578/-duetothePetitioner,towardsReimbursementof PowercostSubsidyincentives, which amount is admitted and approved/sanctioned by the 4threspondent under the respectiveIndustrialInvestment PromotionPolicy(IIPP) 2005-10 and Textile and Apparel Promotion Policy 2005-10 by theState Government.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

WRIT PETITION NO: 12303 OF 2024

Between:

Mittapalli Spinners Private Limited, Regd.Office at 18-2-65, Kota BazarFactory at 831/3, China Turakapalem, Narsaraopet, PalnaduDistrict-522601 Represented by its General Manger/ Authorized Signatory MrG. Shasidhar.

AND

...Petitioner

1. State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byits SecretarySecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep byits Secretary

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries, Commissionerate of Industries, APIIC Buildings, 8th FloorMangalagiri, Guntur District.of Industries, Commissionerate of Industries, APIIC Buildings, 8th FloorMangalagiri, Guntur District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirectionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing/ releasing the outstanding[due][ amount]ofRs.14,94,06,461/-payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive, which amount is admittedandapproved/sanctionedbythe4*^Respondent undertherespectiveIndustrial Investment Promotion Policy (lIPP) 2010-15 announcedby theState Government as illegal, arbitrary andin violationof Articles14 and^9(^)(9)oftheConstitutionofIndiaandconsequentlydirecttheRespondentstoforthwith,makepaymentofthedue.amountof Rs.14,94,06,461/-tothePetitioner,approved/sanctionedundertheIndustrial Investment Promotion Policy (lIPP) 2010-15 along with interest@12percent per annum from the respective dates of sanction till the date ofpayment.lA NO:1 OF 2024Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.14,94,06,461/-duetothePetitioner, towardsReimbursementof Power costSubsidyincentives, which amount is admitted and approved/sanctioned by the 4threspondent under the Industrial Investment Promotion Policy (lIPP) 2010-15announced by the State Government.

Counsel for the Petitioner; SRI SRICHARAN TELAPROLU

Between:

Rajapalayam Mills Limited, Regd.Office RajapalayamMills Premises,P.A.C. Ramasamy RajaSalai,Post Box No.1, RajapalayamTamilNadu,India- 626117,Industrial Unit at Sy.No.1665, GopinenipalemRoad,Gopinenipalem,KrishnaDistrict,AndhraPradesh-521190Represented by Authorised Signatory, Mr. Bhavanasi Srinivasarao.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat. Velagapudi, Amaravathi. Guntur District - 522503 Rep bvits Secretary.Secretariat. Velagapudi, Amaravathi. Guntur District - 522503 Rep bvits Secretary.

2. The State of Andhra Pradesh, Industries and Commerce (Handloomsand lextiies) Department becreiariat, Veiagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.and lextiies) Department becreiariat, Veiagapudi, AmaravathiGunturDistrict - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh API 1CBuildings, 8'^ Floor. Mangalagiri. Guntur District.Buildings, 8'^ Floor. Mangalagiri. Guntur District.

4. The State Level Committee, Represented by its Chairman AND Directorof Industries Commissionerate of Industries, APIIC BuildingsFtoorMangalagiri. Guntur District.’of Industries Commissionerate of Industries, APIIC BuildingsFtoorMangalagiri. Guntur District.’

5. State of Andhra Pradesh, Department of Finance, SecretariatVelagapudi, Amaravathi, Guntur District - 522503, Represented bv itsFinance Principal SecretaryVelagapudi, Amaravathi, Guntur District - 522503, Represented bv itsFinance Principal Secretary

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.3,30,87,418/-duetothePetitioner, towards Reimbursementof Power costSubsidyincentives/Sales tax subsidy/ IIDF subsidy, which amountis admitted and approved/sanctioned by the 4‘^ respondent under the Industrial InvestmentPromotion Policy (lIPP) 2005-2010 in terms of Sectorial Policy viz. Textile &Apparel Promotion Policy 2005-2010 announced by the[State] Governmentand/or pass

Between:

Kalpataruvu Spinning Mills Private Limited, Regd.Office and Factory atSy.No.210,211A,NH-5, Thimmapuram,EdiapaduMandal,PalnaduDistrict- 522233. Represented by its Managing Director,Mr.LankaRaghurami Reddy.

AND

...Petitioner

1. The State of Andhra Pradesh, Department of Industries and CommerceSecretariat, Velagapudi, Amaravathi, Guntur District - 522503 Repbyits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Repbyits Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh APIICBuildings,Floor, Mangalagiri, Guntur District.Buildings,Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries Commissionerate of Industries, APIIC Buildings, 8th FloorMangalagiri, Guntur District.The State Level Committee, Represented by its Chairman and Directorof Industries Commissionerate of Industries, APIIC Buildings, 8th FloorMangalagiri, Guntur District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybepleasedtoissueanappropriateWrit,. Orderordirectionmore particularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing/ releasing the outstanding[due amount][ of]Rs.9,70,03,619/-payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive, which[amount][ is][ admitted]and approved/sanctionedbythe4*^Respondent undertherespectiveIndustrial Investment Promotion Policy (lIPP) 2005-10 viz. Sectorial policyTextile and Apparel Promotion Policy 2005-10 issued[under][ G.O.Ms.No.300]dt.08- 11-2005 and lIPP 2010-15 announced by the State[Government][ as]illegal,arbitraryandinviolationofArticles14and19(1)(g)oftheConstitution of India and consequently direct the Respondents[to][ forthwith]make payment of the due amountof Rs.9,70,03,619/-to thePetitioner,approved/sanctionedundertheIndustrialInvestmentPromotionPolicy(lIPP) 2005-10 viz. Sectorial policy Textile and Apparel Promotion Policy2005-10issuedunder G.O.Ms.No.300dt.08-11-2005 andlIPP2010-15along with interest @12 percentage per annum from the respective dates ofsanction till the date of payment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleasedto direct the Respondents to make payment of Rs.9,70,03,619/-duetothePetitioner,towardsReimbursementofPower costSubsidyincentives, which amount is admitted and approved/sanctioned by the 4threspondent under the Industrial Investment Promotion Policy (lIPP) 2005-10viz. Sectorial policy Textile and Apparel Promotion Policy 2005-10 issuedunder G.O.Ms.No.300 dt.08-11-2005 and lIPP 2010- 15 announced by theState Government.

Counsel for the Petitioner: SRI SRICHARAN TELAPROLUCounsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

Between:

Ajanta Spintex Private Limited, Regd.Office at D-No.7-2-68,[Old][ Police]StationRoad,Narsaraopet,Factoryat Sy.No.520,521,522KakaniNarsaraopet Mandal, PalnaduDistrict- 522601, RepresentedbyitsManaging Director Mr. Ippala Srikanth Reddy.

AND

...Petitioner

1. State of Andhra Pradesh, Department of Industries and Commerce,Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep ’byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep ’byits Secretary.

2. State of Andhra Pradesh, Industries and Commerce( Handlooms[ and]Textiles) Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles) Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries Commissionerate of Industries, APIIC Buildings8^^ FloorMangalagiri, Guntur District.of Industries Commissionerate of Industries, APIIC Buildings8^^ FloorMangalagiri, Guntur District.

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs. 13,68,40,872/-duetothePetitioner,towards Reimbursement of PowercostSubsidyincentives/interest subsidy and stamp duty which amountis admitted andapproved/sanctioned by the 4'^ respondent under the Industrial InvestmentPromotion Policy (MPP) 2010-15 and Industrial Development Policy 2015-20announced by the State Government.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

WRIT PETITION NO: 12323 OF 2024

Between:

Sri Vishnu Shankar Mill Limited, Regd.Office at Sri Vishnu Shankar MiltPremises,109,P.A.C.RamasamyRajaSalai,RAJAPALAIYAM-626117 Tamilnadu,India,IndustrialUnitat Sri VishnuShankarMillLimited,Sy.No.65,Gopinenipalemroad,Gopinenipalem,KrishnaAndhra Pradesh-521190 Represented by its Authoritesed Signatory, Mr’Bhavanasi Srinivasarao.

...PetitionerAND

1. iitate of Ai idhra Pradesh, Department of Industries and Commerce,Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the Fligh Court maybepleasedtoissueanappropriateWrit,Orderordirectionmoreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing / releasing the outstanding[due][ amount][ of]Rs.3,49,61,625/-,payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive/Salestax subsidy/IIDFsubsidy, which amountis admitted and approved/sanctioned by the 4thRespondent under the Industrial Investment Promotion Policy (lIPP) 2005-2010 in terms of Sectoral Policy viz. Textile and Apparel Promotion Policy2005-2010 announced by the State Government as illegal, arbitrary and inviolationof Articles14 and19(1)(g)of theConstitutionofIndiaandconsequently direct the Respondents to forthwith make payment of the dueamount of Rs.3,49,61,625/- to the Petitioner, approved/sanctione dunderthe Industrial Investment Promotion Policy (lIPP) 2005-2010intermsofSectoral Policy viz. Textile and Apparel Promotion Policy 2005-2010 alongwith interest @12percent per annum from the respective dates of sanctiontill the date of payment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.3.49.61,625/-dueto thePetitioner, towards Reimbursementof PowercostSubsidyincentives/Sales tax subsidy/IIDF subsidy, which amountis admitted andapproved/sanctioned by the 4^'" respondent under the respective IndustrialInvestmentPromotionPolicy(lIPP) 2005-10 andTextileandApparelPromotion Policy 2005-10 of the State Government.

Counsel for the Respondents: GP FOR INDUSTRIES COMMERCECounsel for the Respondents: GP FOR FINANCE & PLANNING

WRIT PETITION NO: 12677 OF 2024

Between:

M/sSivaSwatiTextilePrivateLimited,168,169.17004,1700Ganapavaram,Chilakaiuripet,Nadendia,PalnaduDistrict-522619Represented by its Director/Authoritesed Signatory,Mr. BoggavarapuAnkammarao.

AND

...Petitioner

2. State of Andhra Pradesh, Industries and Commerce (Handlooms andTextiles) Department,Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles) Department,Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries. State of Andhra Pradesh, APIICBuildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman and Directorof Industries. Commissionerate of Industries, .APIIC Buildinas. 8th FloorMangalagiri, Guntur Districtof Industries. Commissionerate of Industries, .APIIC Buildinas. 8th FloorMangalagiri, Guntur District

5. State of Andhra Pradesh, Department of Finance, Secretariat,Velagapudi, Amaravathi, Guntur District - 522503, Represented by itsFinance Principal Secretary.

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.7,61,79,651/-duetothePetitioner,towardsReimbursementof PowercostSubsidyincentives which amountis admitted and approved/sanctioned by the 4threspondent under theIndustrial DevelopmentPolicy (IDP) 2005-2010interms of Sectoral Policy viz. Textile & Apparel Promotion Policy 2005-2010of the State Government.

Counsel for the Respondents: GP FOR INDUSTRIES COM1VIERCE

Between:

yVFLEX Pack Private Limited. Regd. Office and factory at Special PlotNos.1 and 2, APIIC Indurstrial Park Phase II. ADB Road. Peddapuram.East Godavari District - 533 437 Represented by its Managing Director’Mr.Duggina Veera Venkata Satya Ramesh.

AND

...Petitioner

1. The State of Andhra Pradesh. Department of Industries and CommerceSecretariat. Velagapudi. Amaravathi. Guntur District - 522503 Rep byits Secretary.Secretariat. Velagapudi. Amaravathi. Guntur District - 522503 Rep byits Secretary.

2. The Commissioner of Industries. State of Andhra Pradesh.[APIIC]Buildings. Floor. Mangalagiri. Guntur District.Buildings. Floor. Mangalagiri. Guntur District.

3. The State Level Committee. Represented by its Chairman and Directorof Industries. Commissionerate of Industries. APIIC Buildings8th FloorMangalagiri. Guntur DistrictThe State Level Committee. Represented by its Chairman and Directorof Industries. Commissionerate of Industries. APIIC Buildings8th FloorMangalagiri. Guntur District

4. State of Andhra Pradesh. Department of Finance. SecretariatVelagapudi. Amaravathi. Guntur District - 522503. Represented by itsFinance Principal Secretary.Velagapudi. Amaravathi. Guntur District - 522503. Represented by itsFinance Principal Secretary.

Between:

SAR DENIM PRIVATE LIMITED, Regd. Office at 31, Sector - 9. AmbalaCity, Haryana - 134003, Factory at Khasra No. 148/1, 148/2. SAR DenimPrivate Ltd, Hindupur, Lepakshi Road, Lepakshi, Anantapur,[Andhra]Pradesh- 515331. Represented by its Director / Authorized SignatoryMr. Rishabh Bansal.

AND

...Petitioner

1State of Andhra Pradesh, Department of Industries and Commerce,Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.Secretariat, Velagapudi, Amaravathi, Guntur District - 522503 Rep. byits Secretary.

2. State of Andhra Pradesh, Industries and Commerce( Handlooms[and]Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.Textiles)Department, Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

J^^Commissioner of Industries, State of Andhra Pradesh,[APIIC]Buildings, 8Floor, Mangalagiri, Guntur District.Buildings, 8Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by Its Chairman and Directorof Industries, Commissionerate of Industries, APIIC Buildings8''Floor,Mangalagiri, Guntur District.’of Industries, Commissionerate of Industries, APIIC Buildings8''Floor,Mangalagiri, Guntur District.’

5. State of Andhra Pradesh, Department of Finance, Secretariatyelagapudi, Amaravathi, Guntur District - 522503, Represented bv itsFinance Principal Secretary.yelagapudi, Amaravathi, Guntur District - 522503, Represented bv itsFinance Principal Secretary.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleasedto direct the Respondentsto make payment of theamountofRs.28,55,120/- to the Petitioner sanctioned by the[4]respondent towards reimbursementofSalesTaxIncentives,communicatedbythe3rdRespondent vide Sanction of Intimation Lr.No.STX1700625 dt.20-09-2018.

Between:

Sri Lakshmi Narasimha Spinning Mills (India) Pvt. Ltd., Regd. Office atD.No.63/2,SimhapuriEstate,MahalakshmiPuram,EtukuruRoad,Guntur-522003 Factory at 1722/3, Vipparalavaripalem, Addanki Mandal,BapatiaDistrict(erstwhilePrakasamDistrict)RepresentedbyitsManaging Director Dr.K.Rajaseshar Reddy.

AND

...Petitioner

2. The State of Andhra Pradesh, Industries and Commerce([Handlooms]and Textiles)Department. Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.and Textiles)Department. Secretariat, Velagapudi, Amaravathi,[Guntur]District - 522503 Rep. by its Principal Secretary.

3. The Commissioner of Industries, State of Andhra Pradesh,[APIIC]Buildings, 8th Floor, Mangalagiri, Guntur District.Buildings, 8th Floor, Mangalagiri, Guntur District.

4. The State Level Committee, Represented by its Chairman[and][ Director]of Industries Commissionerale of Industries, APIIC Buildings, 8‘" Floor,Mangalagiri, Guntur Districtof Industries Commissionerale of Industries, APIIC Buildings, 8‘" Floor,Mangalagiri, Guntur District

Petition under Article 226 of the Constitution of India praying thatinthe circumstances stated in the affidavit filed therewith, the High Court maybepleasedtoissueanappropriateWrit,Orderordirection,moreparticularly one in the nature of Writ of Mandamus declaring the inaction ofthe Respondents in disbursing/ releasing the outstanding[due][ amount]of c Rs.3,69,94.495/-payabletothePetitionerCompany,towardsReimbursement of Power cost Subsidy incentive, which amount is admittedandapproved/sanctionedbythe4’*^RespondentundertheIndustrialInvestment Promotion Policy (lIPP) 2005-10 viz.. Sectoral policy Textile andApparel Industry Development Policy announced by the[State] Governmentasillegal,arbitrary andinviolationof Articles14 and19(1)(g)of theConstitution of India and consequently direct the Respondents[to] forthwithmake payment of the due amount of Rs.3,69,94,495/-to thePetitionerapproved/sanctionedundertheIndustrialInvestmentPromotionPolicy(lIPP) 2005-10 along with interest calculated @12 percentage perannumfrom the respective dates of sanction till the date of payment.Reimbursement of Power cost Subsidy incentive, which amount is admittedandapproved/sanctionedbythe4’*^RespondentundertheIndustrialInvestment Promotion Policy (lIPP) 2005-10 viz.. Sectoral policy Textile andApparel Industry Development Policy announced by the[State] Governmentasillegal,arbitrary andinviolationof Articles14 and19(1)(g)of theConstitution of India and consequently direct the Respondents[to] forthwithmake payment of the due amount of Rs.3,69,94,495/-to thePetitionerapproved/sanctionedundertheIndustrialInvestmentPromotionPolicy(lIPP) 2005-10 along with interest calculated @12 percentage perannumfrom the respective dates of sanction till the date of payment.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the Respondents to make payment of Rs.3,69,94,495/-duetothePetitioner,towardsReimbursementof Powercost Subsidyincentives, which amount is admitted and approved/sanctioned by the 4threspondent under the Industrial Investment Promotion Policy (lIPP) 2005-10viz..SectoralpolicyTextileandApparelIndustryDevelopmentPolicyannounced by the State Government, along with interest @12 percentageper annum from the respective dates of sanction till the date of payment.

Counsel for the Respondents: GP FOR FINANCE & PLANNINGThe Court made the following common order:

*HIGH COURT OF ANDHRA PRADESHAMARAVATI+WRIT PETITION NO: 4243. 4246, 4247, 4252, 4254. 4804, 4805, 4813,4814, 5875, 7437, 8863, 8919, 8976. 9143.12295.12296, 12302,12303,12320, 12321, 12322, 12323, 12677, 12678, 13926 and 23333/2024

WPNo.4243 of 2024

Between:# Nandi Vardhana Textile Mills Limited...PETITIONER

AND

$ State Of Andhra Pradesh and Others

...RESPONDENT(S)

JUDGMENT PRONOUNCED ON 31.12.2024

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

* THE HON’BLE DR.JUSTICE K. MANMADHA RAO

+WRIT PETITION NO: 4243, 4246, 4247. 4252. 4254. 4804. 4805, 4813.4814, 5875. 7437, 8863. 8919, 8976. 9143, 12295. 12296. 12302. 12303.12320. 12321. 12322. 12323. 12677. 12678. 13926 and 23333/2024

%31.12.2024WP No.4243 of 2024

Between:

Nandi Vardhana Textile Mills Limited,

...PETITIONER

AND

$ State Of Andhra Pradesh and Others

...RESPONDENT{S)

! Counsel for the Petitioner:Sri Sricharan Telaprolu ! Counsel for Respondents;G.P. for Industries CommerceG.P. for Finance & PlanningG.P. for Finance & Planning <Gist; >Head Note:

? Cases referred:

APHC010075182024

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3310](Special Original Jurisdiction)

TUESDAY THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 4243, 4246. 4247. 4252, 4254, 4804. 4805, 4813. 4814.5875, 7437, 8863. 8919. 8976. 9143. 12295, 12296, 12302, 12303, 12320.12321, 12322, 12323, 12677, 12678. 13926 and 23333/2024

Between:

Nandi Vardhana Textile Mills Limited...PETITIONER

AND

State Of Andhra Pradesh and Others...RESPONDENT(S)Counsel for the Petitioner:Counsel for the Petitioner:

1. SRICHARAN TELAPROLU

Counsel for the Respondent(S):1.GP FOR INDUSTRIES COMMERCE (AP)

2. GP FOR FINANCE PLANNING (AP)

The Court made the following:

COMMON ORDER:

As the issue involved in all the writ petitions is one and the same, and therefore, they are being taken up for hearing as well as disposed of by way ofthis Common Order.

2. Sincethe factsinall thewrit petitions are similar andidentical.therefore WP No.4243 of 2024 is taken as lead case,[and][ the][ facts][ therein]hereinafter will be referred to for convenience.

Conclusion

3. Brief facts of the case are that, the Petitioner is a private limitedcompany incorporated during the year 2005 under theprovisionsof theCompanies Act, 1956 vide Certificate ofIncorporation No.46546dt. 15-06-2005.Thepromotersof thePetitioner Companyarefromagriculturebackground and the first generation entrepreneurs. Being motivated with thehighlyattractiveIndustrialInvestment PromotionPolicy(lIPP) 2005-10announced by the State Government, the promoters expanded theoperationsof the Petitioner Company by establishing Cotton SpinningUnits with thecapital cost of Rs.19 crore approximately with thecapacity of 12000 spindlesduring the year 2006. The establishmentwas further expanded during theyear 2010 by increasing 8448 spindles with the additionalcapital cost of Rs.9crore in view of the incentives announced by the State Government under theIndustrial Investment Promotion Policy (lIPP) 2010-15. Thus the total capitalcost of the Petitioner Company would come to Rs.28 crore withthe totalcapacity of 20448 spindles.It is stated that the promoters of the PetitionerCompany having felt attractive and viable to establish the SpinningDivision inview of the incentives announced by the State Governmentunder the abovementioned incentive policies made an investment of about Rs.28crores withthe support of their banker namely State Bank of India by availingvarious loanfacilities to the tune of Rs.45crores and serviced the loan accounts by payinghuge interests. The Petitioner Company is providing total direct employment to200 workers and indirectly employment to 150 persons.It is further stated thattheIndustrialInvestmentPromotionsPolicyannouncedbytheState Governmentis primarily meant to promote employmentin Andhra Pradeshand as an attractive destination for industrial investments. The 3'"'^ Respondentissued necessary sanction proceedings from timeto time.Till todaythfeclaims submitted by the petitioner company were approved[for][ a][ total][ amount]of Rs. 3,73,07,369/- out of which an amount of Rs.40,00,000/- was so far paidandanamountofRs.3,33,07,369/-isstillpayablebytheRespondentauthorities.ItisfurtherstatedthattheoutstandingdueamountofRs.3,33,07,369/- payable to the Petitioneris the admitted, undisputed andsanctioned amount as detailedin the table enclosed in the material papers.Despite the sanctions the Respondents have not released the paymentsevenafter longlapse, as a result of which, the Petitioneris subjectedto deepfinancialconstraints.Inthat viewof themattertheloanaccountof thePetitioner company was classified as NPA and thus the personal propertieswere disposed by the promoters an paid the full amount[to][ the][ State][ Bank][ of]India.Theinactionof theRespondentsinpayingthetotalsanctionedincentivesthusdeprivesthePetitionersfinancialstabilityaswellaseconomically in the trade as such the Respondents are liable to pay the dueamount to the Petitioner with reasonable interest @ 12% per annum from thesanctioned datetill the date of payment.Itis further[stated]that That theGovernment vide G.O.Ms.No.32dt.07-02-2019alsoissuedguidelinesforprioritizationofreleaseofsanctionedincentivesto Women/MSME/Sickenterprise and industries intends to go for expansion or diversify their projectson caseto casebasis basingonthemeritof the enterprise.Thesaid

guidelinesarealsoapplicabletothePetitionercompany.TheStateGovernment releasedincentivestosomeof theIndustrialunitswithoutfollowing the seriatum even though the similar conditions areprevailedinother units. Though the petitioner made efforts to get the incentives under thesaid GO.Ms.32, the incentives were not released to the Petitioner. The amountpayable to the Petitioner is admitted and approved/sanctioned by the StateLevel Committee, the 4th Respondent and thus there is no dispute with regardto the amount payable. Though the State Government issued G.O.Ms.No.56,dated 05-04-2023 for release of power cost incentives by way of adjustment infuture power bills of the Discoms for the textile units,[the] same was also notimplemented and no amount is adjusted so far. Despite the. repeated requestsof the Petitioner directly and through the Associationincludingthelatestrepresentation dt.07-12- 2023, thereisno response from the Respondentsand the due amount of Rs.3,33,07,369/- is still payable, which action of theRespondents is illegal and arbitrary. Hence, the present writ petition.

4. The pleadings which are cited by the petitioner in WP No.4243 of2024, the same are adopted by the other writ petitioners in other writ petitionsv^de W.P.Nos.4246, 4247, 4252, 4254, 4804, 4805, 4813,[4814]5875, 7437,8863, 8919, 8976, 9143, 12295, 12296. 12302, 12303, 12320. 12321, 1232212323, 12677, 12678, 13926 and 23333/2024.

5. The counter affidavit has been filed by the respondents No.1 to 4in WP No.4243 of 2024 and the same is adopted by other respondents.Inthecounter,whiledenyingalltheallegations madeinthepetition.

contendedthat,theclaimapplicationshavebeenprocessedandsanctionedbytheStateLevelCommitteefromtimetotime asper.OperationalGuidelinesoflIPP 2005-10 &lIPP 2010-15policiesandintimated the same to the petitioner’s unit along with remarksi.e.,“theamountwillbereleased as and when yourunit’sturncomesasperseriatum for disbursement of available funds”.Accordingly,[the][ SLC][ has]sanctioned a total amount of Rs.11,34,76,352/-to thepetitioner’sunittowards reimbursement of various industrial incentives.Out of which, anamount of Rs.7,97,34,109/- has already been released to the petitioner’sunit as per chronological order of sanctions, which was shown[ at] columnA”from the table mentionedin the counter affidavit.It is further stated•thattheGovernmenthavedecidedthatthepending“PowercostIncentives” of Large & mega - Textile units to be adjusted @ Rs.2/- perKVAH in monthly future bills of DI3COMS for a period of three years sothat (a) Immediate cash outflow will be saved to the Governmetn (b) Futureincentives cash outflow will be reduced and (C ) employment[will][ continue.]Itisfurtherstatedinthecounteraffidavitthat asperG.O.Rt.No.56,Industries&Commerce(P&l)Department,dated5.4.2023andG.O.Rt.No.102,dated01.6.2023ofIndustries&Commerce(P&l)Department, the Government have approved for adjustment[of][ sanctioned]‘Power Cost Incentives in future power bills of Large & Mega Textile UntisforRs.865.00Crores @Rs.2/-per KVAHagainst thefuturebillsofDISCO<S for a period of three years i.e, @ Rs.288.33 Crores per year or

till exhaustion of the pending power incentives, whichever is earlier.Anamount of Rs.288.33 Crores have been allocatedas additional funds formeetingtheexpenditureforadjustmentofsanctionedPowerCostincentives in future power bills of Large & Mega Textileunits @ Rs.2/- perKVAH against the future bills of DISCOMS for the financialyear 2023-24(1*'year)undertheHeadof Account:2852-80-800-11 -04-330-334.Accordingly, bills worth Rs. 192.85 Crores have been uploaded in CFMS forthe financial year 2023-24 (1®* year) including Rs.86,82,063/- meant for thepetitioner’s unit (column-B) vide bill No.2023-1059528 andbills is waitingfor funds clearanceand the said CFMSbill have been migratedon31.3.2024asbillNo.2024-445907.AnamountofRs. 1,73.40,093/-(column-C) and an amouSnt of Rs.77,20,087/- (Coloumn D) i.e., total (C+D)Rs.2,50,60,180/- is pending for release and will be adjusted in their futurepower bills in the upcoming financial years based on the petitioner’s Uniteligibility.Therefore, in view of above circumstances,it is stated that theGovernment have not mentioned any time bound for release of sanctionedIndustrialIncentivestotheeligibleIndustrialunits.However,theGovernment have committed to release the sanctioned industrial incentivesto the industrial units as per Chronological order of sanction as per ParaNo.21 of Operational Guidelines of lIPP 2005-10 Policy and as per ParaNo.24 of Operational Guidelines lIPP 2010-15, after receipt'of a report fromthe General Manager, District industries Centre on the physical verificationof the unit and its working condition, the assets are intact and there is noamount of Rs.288.33 Crores have been allocatedas additional funds formeetingtheexpenditureforadjustmentofsanctionedPowerCostincentives in future power bills of Large & Mega Textileunits @ Rs.2/- perKVAH against the future bills of DISCOMS for the financialyear 2023-24(1*'year)undertheHeadof Account:2852-80-800-11 -04-330-334.Accordingly, bills worth Rs. 192.85 Crores have been uploaded in CFMS forthe financial year 2023-24 (1®* year) including Rs.86,82,063/- meant for thepetitioner’s unit (column-B) vide bill No.2023-1059528 andbills is waitingfor funds clearanceand the said CFMSbill have been migratedon31.3.2024asbillNo.2024-445907.AnamountofRs. 1,73.40,093/-(column-C) and an amouSnt of Rs.77,20,087/- (Coloumn D) i.e., total (C+D)Rs.2,50,60,180/- is pending for release and will be adjusted in their futurepower bills in the upcoming financial years based on the petitioner’s Uniteligibility.Therefore, in view of above circumstances,it is stated that theGovernment have not mentioned any time bound for release of sanctionedIndustrialIncentivestotheeligibleIndustrialunits.However,theGovernment have committed to release the sanctioned industrial incentivesto the industrial units as per Chronological order of sanction as per ParaNo.21 of Operational Guidelines of lIPP 2005-10 Policy and as per ParaNo.24 of Operational Guidelines lIPP 2010-15, after receipt'of a report fromthe General Manager, District industries Centre on the physical verificationof the unit and its working condition, the assets are intact and there is no change in management and also the unit complying with the conditions,if.any. Therefore, prayed to dismiss the writ petition.

6. Heard Mr. Sricharan Telaprolu, learned counsel appearing[for][ the]petitioners and learned Government Pleader for Industries commerce andlearned Government Pleaderfor FinancePlanningappearingfortherespondents.

7. On hearing, learned counsel for the petitioner while reiterating theaverments madein the petition, has drawn attention of this Court to therelevant material filed along with the writ petition[and][ contends][ that][ the]G.O.Ms.No.178IndustriesandCommerce(IP)Department,dated21.06.2005 was issued with the concurrence of Finance Department and insuch circumstances the action of the part of the respondents in not payingtheincentivesisnot just andtenable,Duetonon-paymentoftheincentives, the petitioner/industryis being subjectedto seriousfinancialhardship and irreparable loss.Learned counsel for the petitioners submitsthat,in similar circumstances, this Court has passed various judgmentsand has furnished a catena of decisions of this Court passedin WPNo.29482 of 2022 dated 10.04.2023 andin WP No.20439 of 2023 dated06.11.2023, and also a copy of a learned Division Benchof this Courtpassedin WANo.724of2021&batch,dated12.10.2023andhencerequests this Court to pass similar order in these writ petitions also.

8. Per contra, learned Assistant GovernmentPleader appearing forthe respondents opposed forpassing similar order and prayed to dismissthe writ petitions.9. On a perusal of the order of a learned Single Judge of this Courtpassed in WP No.29482 of 2022, dated 10.04.2023wherein this Court,after considering the material and the documentsrelied on by the learnedcounsels, has allowed the writ petition,The operative portion of the saidorder reads as under:

Rs 1 84 '39^^^pondents are directed to pay an amount of

10. Further this Court observed that, the aforesaid order of a learnedSingle Judge of this Court has been confirmed by a learned Division Benchof this Court in WA No.724 of 2021 and Batch vide common order dated12.10.2023.Later, similarly situated persons have filed writ petitionin WPNo.20439 of 2023 before a learned Single Judge of this Court and thesamewasalsoallowedvideorderdated6.11.2023directingtherespondents to release the amount along with interest 6%p.a.in view ofthe judgment of learned Division Bench of this Court in WA No.724 of 2021and batch, dated 12.10.2023.

11. Therefore, considering the submissionsof boththe learnedcounsels and by following the common order passed by a learned DivisionBench of this Court, these writ petitions are also liable to be allowed.of boththe learnedcounsels and by following the common order passed by a learned DivisionBench of this Court, these writ petitions are also liable to be allowed.

12. Accordingly,allthe WritPetitions are alloweddirectingtherespondents concerned to pay the amounts to the petitioners along withinterest @6% per annum,in view of common order of a learned DivisionBenchofthisCourtpassedin WANo.724of 2021&batch,dated.12.10.2023 within a period of four (04) months from the date of receipt of acopy of this order.

14. If at all any grievance with regard to the higher rate of interest,ifany payable by the respondents, the petitioners are atliberty to agitatetheir claim before an appropriate forum.There shallbe no order as tocosts.

15. As a sequel, miscellaneous applications pending,if any, shall alsostand closed.Sd/-K.SR1NIVASA RAJUASSISTANT REGISTRAR//TRUE COPY//SECTION OFFICEROne fair copy to the Hon’ble Dr. Justice K. MANMADHA RAO(for His Lordship’s Kind Perusal)

HIGH COURT

DATED:31/12/2024

COMMON ORDERWP.Nos. 4243, 4246, 4247, 4252,4254, 4804, 4805, 4813, 4814, 5875,7437, 8863, 8919, 8976, 9143, 12295,12296, 12302, 12303, 12320,12321,12322, 12323, 12677, 12678,13926 and 23333/2024

ALLOWING ALL THE WPsWITHOUT COSTS