Andhra Pradesh High Court - Amravati
The Kakinada Port Steel Barges And Deep ... vs The State Of Andhra Pradesh, on 24 December, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No. 20395 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of the respondent nos. 3 and 4 in interfering with the day to day business and the activities of the petitioner union i.e The Kakinada Port Steel Barges and Deep Water Port Workers Union Regd. No. G-540 Kakinada-2, East Godavari District, under due influence of the politicians and under the report of the 5th respondent without having any jurisdiction as illegal arbitrary and also abuse of power of Police and also opposed to all cannons of Justice consequentially direct the respondents 3 and 4 herein not to interfere with the day to day business and the activities of the petitioner union i.e The Kakinada Port Steel Barges and Deep Water Port Workers Union Regd. No.G-540, Kakinada-2, East Godavari District.
The petitioner made certain allegations against the respondents that, in the guise of registration of a crime, Respondent Nos. 3 & 4 are interfering with the business activities of the petitioner union.
Learned Assistant Government Pleader for Home placed on record, written instructions dated 19.12.2019 informing that a case in Crime No.233 of 2019 for the offences punishable under Sections 406, 420, 506 r/w 34 I.P.C dated 11.12.2019 was registered against Mr. Pinapothu Jeeva Rathnam and some others, as they altered the records which were being maintained in the HMS Union Office and cheated the workers and misused the amounts pertaining to HMS Union workers/members and also threatened the complainant with dire consequences. It is further submitted that the investigation in MSM,J 2 this case is pending and therefore, the petitioner is being called to the police station only in connection with the investigation in the above crime, but not otherwise.
In view of the submission made by learned Assistant Government Pleader for Home, Respondent Nos. 3 & 4 are directed not to interfere with the day-to-day business activities of this petitioner, except to the extent of allegations made in the complaint i.e. regarding tampering of records which were being maintained in the HMS Union Office and cheating of the workers/members, as a part of investigation in Crime No.233 of 2019..
With the above direction, writ petition is disposed of at the stage of admission. No costs.
Consequently, miscellaneous applications pending if any, shall stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:24.12.2019 sp