Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Andhra Pradesh High Court - Amravati

M/S. Jayalakshmi Fertilisers vs The State Of Andhra Pradesh on 16 March, 2026

                  (SHOW CAUSE NOTICE BEFORE ADMISSION)
      IN THE HIGH COURT OF-ANDHRA PRADESH AT AMARAVATI

                     (SPECIAL ORIGINAL JURISDICTION)
                  MONDAY, THE SIXTEENTH DAY OF MARCH,
                      TWO THOUSAND AND TWENTY SIX

                                 :PRESENT:

           THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

                      WRIT PETITION NO: 7332 OF 2026

Between:

   1. M/s. Jayalakshmi Fertilisers, Rep. by its Deputy General Manager, Sri
      Parimi Venkateswara Rao, Venkatarayapuram, Tanuku, West Godavari
      District.

   2. Parimi Venkateswera Rao, S/o Satyanaryana Aged about 57 years.
      Deputy        General   Manager,     M/s     Jayalakshmi      Fertilisers,
      VenkatrayapUram, Tanuku, West Godavari District.
                                                                 ...Petitioners

                                    AND

   1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
      Department, Secretariat, Velagapudi, Amaravati, Pin-522238.
   2. The Union of India, Represented by its Secretary, Ministry of Electronics
      and Information Technology (MeitY), Electronics Niketan, 6, CGO
      Complex, Lodhi Road, New Delhi - 110003.
   3. The Superintendent of Police, West Godavari District, Bhimavaram. Pin-
      534202.

   4. The Station House Officer, Tanuku Rural Police Station, West Godavari
      District. Pin-534146.

   5. Meta Platforms, Inc. (Facebook), Rep. by its Grievance Officer - India,
      Unit 28 and 29, DLF Cyber City, Gurgaon, Haryana. Pin-122002.
                                                              ...Respondents
      WHEREAS the Petitioners above named through their Advocate
Sri Kanukolanu Sri Sai Sanjay, presented this Petition under Article 226 of the
 Constitution of India 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, Order, or Direction
a. Directing Respondent Nos. 1 to 4 to forthwith exercise their statutory
powers and authority under the Information Technology Act, 2000 read with
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021, to issue appropriate orders/directions to Respondent No.
5 to immediately deactivate and block the impersonating account operating
under the name Jayalakshmi Fertilisers Jayalakshmi Fertilisers accessible at
https.//www.facebook.com/profile.phpid 61561549075539, and to remove all
defamatory and derogatory content published on 23.02.2026, 24.02.2026,
25.02.2026, 26.02.2026, 28.02.2026, 01.03.2026, and 02.03.2026;
b. Directing Respondent Nos. 1 to 4 to issue appropriate orders/directions to
Respondent No. 5 to preserve and transmit ail relevant IP logs, metadata,
user registration details, login records, and other associated digital information
pertaining to the said impersonating account to Respondent No. 4 for the
purpose of identification of the person(s) operating the said account and for
initiation of appropriate legal proceedings;
      AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri Kanukolanu Sri Sai Sanjay,
Advocate for the Petitioners and of GP for Home for Respondent          Nos. 1, 3
and 4 and of Additional      Solicitor General of India   for Respondent No.2,
directed issue of notice to the Respondent No.5 herein to show cause as to
why this WRIT PETITION should not be admitted.
You viz:

   The Grievance Officer - India, Meta Platforms, Inc. (Facebook), Unit 28 and
   29, DLF Cyber City, Gurgaon, Haryana, Pin-122002.


be and hereby are directed to show cause, either appearing in person or
through Advocate, as to why in the circumstances set out in the petition and
 the affidavit filed therewith (copy enclosed) this WRIT PETITION should not
be admitted on.

lA NO: 1 OF 2026

      Petition under Section 151          of CPC is filed praying        that    in   the

circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to direct Respondent Nos. 1 to 4 to issue takedown
directions to Respondent No. 5 to immediately block, deactivate, and suspend
the fraudulent, fake, and impersonating account operating under the name
"Jayalakshmi      Fertilisers      Jayalakshmi     Fertilisers"    accessible          at

https://www.facebook.com/profile.php?id=61561549075539            and    to   forthwith

remove all     defamatory,      derogatory,   and obscene     posts     published      on
23.02.2026, 24.02.2026, 25.02.2026, 26.02.2026, 28.02.2026, 01.03.2026,
and 02.03.2026, more particularly the content targeting the modesty and
dignity of the female staff of the Petitioner Firm, pending disposal of
WP No. 7332 of 2026, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:

         Issue notice to Respondent No.5.

      The learned counsel for the petitioners is permitted to take out
personal notice to Respondent No.5 and file proof to that effect.

      Heard the learned counsel for the petitioners and the                     learned

Assistant Government Pleader for Home.


      The Respondent No.5 shall act upon the instructions or directions
issued    by   Respondent        Nos.1   to 4 and     remove      all    defamatory,
derogatory, or obscene posts published on 23.02.2026, 24.02.2026,
25.02.2026,    26.02.2026,      28.02.2026,   01.03.2026,   02.03.2026,         or    any

subsequent postings containing content that targets the modesty or
dignity of the female staff of the petitioners firm.
        A learned Single Judge of the High Court of Delhi, in X v. Union of
lnida\ at paragraph No.91, issued certain directions, which are extracted
hereunder:


       /. Based on a "grievance" brought before it, a contemplated in Rule 2(1)(j)
       of the 2021 Rules or otherwise, and upon a court being satisfied in any
       proceedings before it, whether at the interim or final state, that such
       grievance requires immediate redressal, the court may issue a direction
       to remove such content from the website or online platform, forthwith an
       in any even within 24 hours of receipt of the court order. Since this
       timeframe is mandated in Rule 3(2)(b) of the 2021 Rules read with Rule 10
       of the 2009 Rules for other similar kinds of offensive content, in the
       opinion of this Court, the same timeframe ought to be applied if the court
       is satisfied that any offending content requires immediate removal.

       V. Directions should also be issued to the concerned law enforcement
       agency/ies, such as the   jurisdictional   police,   to   obtain    from   the

       concerned website or online platform all information and associated
       records, as the URL (Uniform Resource Locator), account ID, handle
       name, Internet Protocol address and hash value of the actual offending
       content aionwith the metadata, subscriber information, access longs and
       such other information as the law enforcement agency may requires, in
       line with Rule 3(1)(j) of the 2021 Rules, as soon as possible but not later
       than seventy-two hours of receipt of written intimation in this behalf by
       the law enforcement agency."



       The learned Assistant Government Pleader for Home, on written

instructions, submits that he has also issued certain communications to
Respondent No.5 to act immediately and delete the objectionable
postings, however. Respondent No.5 has been giving evasive replies for
one reason or another.


       List after four (04) weeks.
                                                                  SD/- T. SRINIVASA RAO
                                                                 assistant registrar
                                                            i

                                   //TRUE COPY//                          SECTION OFFICER




 (2021) 2 HCC (Del) 16
 To,

      1. The Principal Secretary, Home Department, State of Andhra Pradesh,
        Secretariat, Velagapudi, Amaravati, Pin-522238.
  2. The Secretary, Ministry of Electronics and Information Technology
        (MeitY), Union of India, Electronics Niketan, 6, CGO Complex, Lodhi
        Road, New Delhi - 110003.

  3. The Superintendent of Police, West Godavari District, Bhimavaram. Pin-
        534202.

  4. The Station House Officer, Tanuku Rural Police Station, West Godavari
        District. Pin-534146.(Addressee Nos. 1 to 4 by RPAD)
  5. The Grievance Officer - India, Meta Platforms, Inc. (Facebook), Unit 28
        and 29, DLF Cyber City, Gurgaon, Haryana. Pin-122002, (by RPAD-
        along with a copy of petition and affidavit)
  6. One CC to Sri Kanukolanu Sri Sai Sanjay, Advocate [OPUC]
  7. One CC to ADDITIONAL SOLICITOR GENERAL OF INDIA [OPUC]
  8. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT]
  9. One spare copy.
PSD
 HIGH COURT




DR.YLR,J




DATE:16/03/2026




LIST AFTER FOUR (04) WEEKS




NOTICE BEFORE ADMISSION




WP.No.7332 of 2026


                             o            rn
                                          iBfP
                                          dt
                                      n
                             cP           %
                                  *

DIRECTION «■