Andhra Pradesh High Court - Amravati
K. Ramakrishna vs The Union Of India on 23 April, 2020
Bench: C.Praveen Kumar, Battu Devanand
(SHOW CAUSE NOTICE BEFORE ADMISSION) re IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJAHt <.- _-(SPECIAL ORIGINAL JURISIDICTON) --- eer THURSDAY , THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR ~-- AND THE HONOURABLE SRI JUSTICE D RAMESH WP (PIL) NO: 101 OF 2020 ~ Between: K. Ramakrishna, S/o. K. Rangaiah. AND 4. The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi 110 001, Rep. by its Secretary. 2. The Union of India, Ministry of Human Resource Development, Shastry Bhavan, New Delhi 110 001, Rep. by its Secretary. 3. The State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. 4. The State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, Rep. by its Principal Secretary. . WHEREAS the above named through his Advocate Sri Chalasani Ajay Kumar presented this petition under Section 226 of the Constitution of India praying that in the circumstances stated in the affidavit field herein, the High Court may be pleased to issue a Writ, order or direction, more particularly one on the nature of WRIT OF MAMDAMUS, in the form of Public Interest Litigation (PIL) is filed declaring the action of the Respondents herein in not allowing the Migrant Workers settled in Vijayawada and
Guntur Districts in particular and in the other parts of the State of Andhra Pradesh in general, who belongs to various parts of the State of Andhra Pradesh and also from other States, to return to their hometowns and Villages after conducting necessary testing for COVID-19 and to arrange for their safe travel by providing necessary transportation to this effect and not providing food and accommodation facilities to them, as illegal, arbitrary and violative of their fundamental rights guaranteed under Article 14, 49 and 21 of the Constitution of India and Consequently direct the Respondents herein to provide necessary food material and also give some immediate financial assistance to the Migrant Workers and also p rmit them to return to their hometowns and Villages after conducting necessary testing for COVID-19 and to arrange for their safe travel by providing necessary transportation to this effect, forthwith.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Chalasani Ajay Kumar Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this PUBLIC INTEREST LITIGATION should not be admitted.
You viz:
1. The Secretary, Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi 110 001, The Secretary, Union of India, Ministry of Human Resource Development, Shastry Bhavan, New Delhi 110 001,.
The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh,. The Principal Secretary, State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, mB wo ON are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION (PIL)should not be admitted on or before 27-04-2020 on which date the case stands posted for hearing IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein to forthwith provide necessary essential food material, immediate financial aid in cash and facility for safe accommodation to the Migrant Workers who stranded in Vijayawada, Guntur and other parts of the State of Andhra Pradesh, due to extension of National Lockdown declared in connection with COVID-19, pending disposal of WP(PIL) No. 101 of 2020, on the file of the High Court.
The Court made the following: ORDER:
Notice, Learned Advocate General takes notice on behalf of respondent Nos.3 and 4 and seeks time to get instructions. Having regard to the order dated 31.03.2020 passed by the Hon'ble Supreme Court in Writ Petitions (Civil) Nos.468 and 469 of 2020, we direct that the State Government shall take steps to provide food, shelter and medication for the migrant workers, who are said to have been stranded, in Guntur and Vijayawada. Since the details of the migrant workers stranded in Guntur and Vijayawada are not stated in the affidavit, the State Government shall take steps to identify the migrant workers and provide the facilities referred to above, as early as possible, preferably within twenty four hours. heey anticgti oh Post on 27.04.2020. -
Sd/- V. DIVAKAR ASSISTANT REGISTRAR TRUE COPY/ : \ a For ASSISTANT EGISTRAR To
4. The Secretary, Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi 110 001,
2. The Secretary, Union of India, Ministry of Human Resource Development, Shastry Bhavan, New Delhi 110 001..
3. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
4. The Principal Secretary, State of Andhra Pradesh, Labour Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh, (1 to 4 by RPAD- along with a copy df petition and affidavit)
5. The Registrar (Judicial), High Court of A.P. At Amaravathi
6. One CC to SRI. CHALASANI AJAY KUMAR, Advocate [OPUC] 7 One CC to SRI B. Krishna Mohan, Asst Solicitor General [OPUC] 8 Two CC to Advocate General , High Court of AP. at Amaravathi (OUT)
9. One spare copy TVR HIGH COURT CPKJ & DRJ DATED:23/04/2020 NOTICE BEFORE ADMISSION WP(PIL).No.101 of 2020 POST ON 27.04.2020