IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(SPECIAL ORIGINAL JURISDICTION)

THURSDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE SRI JUSTICE M.GANGA RAO AND THE HONOURABLE SRI JUSTICE V SRINIVAS

WRIT PETITION No. 27894 of 2022

Between:

• 1. Kuchipudi Srinivasa Rao, S/o. Satyanarayana, Aged about 56 years, Occ : Director, APHMEL R/o Plot No.302, Kollati Towers, Ratnamamba Street, SBH Bank, Prajasakthi Nagar, Moghairajpuram, Vijayawada, Krishna District, Andhra Pradesh
• 2. PSR Koteswara Rao, S/o. P Venkateswara Rao, Aged about 70 years, Occ: Director, APHMEL, R/o 6-83/87, Flat No-B190, Prakruti Nivas, Opposite IAF Academy, Annaram, Medak, Telangana-502313.
• 3. Juvva Seshagiri Rao, S/o. Koteswara Rao Aged about 77 years, Occ : Director, APHMEL R/o 3-3/1, Kavuluru, Krishna District, Andhra Pradesh.

Petitioners

AND

• 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Industries and Commerce, Secretariat, Velagapudi, Amaravati, Guntur District. Andhra Pradesh. $\mathcal{L} = \mathcal{L} \mathcal{L}$
• 2. Andhra Pradesh Heavy Machinery and Engineering Ltd, (APHMEL), Kondapalli, Krishna District, Andhra Pradesh-521228, Rep by its Managing Director 第一道是
• 3. The Singareni Collieries Company Limited, Kothagudem Collieries, Khammam District, Telangana-507101.
• 4. Andhra Pradesh Industrial Development Corporation (APIDC), Parishrama Bhawan, 1^st Floor, 5-9-58/B, Fateh Maidan Road, Basheerbagh, Hyderabad, Telangana - 500029.

Wedler

....Respondents

Petition under Article 226 of the Constitution of India is filed 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, to declare the action of the Respondents, more particularly, Respondent No.2 in carrying out amendment to Article 101(3) of the Articles of Association of the Respondent No.2 Company which reduces the number of Directors representing other than SCCL (Respondent No.3) and APIDC (Respondent No.4) from Three (3) to One (1) even before bifurcation of the Respondent No.2 Company which is a Schedule IX Institution under the Andhra Pradesh Reorganisation Act, 2014, vide the EGM scheduled on 05.09.2022 as being illegal, arbitrary and in violation of the

AST.

Sections 53 and 68 of the AP Reorganisation Act, 2014 and in violation of Expert Committee Report headed by Dr.Sheela Bhide IAS (Retd) dated 15.03.2018 and Consequently set aside the proposal to amend the Article 101(3) of the Articles of Association of the Respondent No.2 Company to reduce the number of Directors representing other than SCCL (Respondent No.3) and APIDC (Respondent No.4) from Three $(3)$ to One $(1)$ .

4 M

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I.A.No. 1 of 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay the Extra Ordinary General Body Meeting on 05.09.2022 at 3:00 PM (1ST) through Video Conferencing and its E Voting which will be commenced from 01.09.2022 to 04.09.2022 being conducted by the Respondent No.2 Company, pending disposal of W.P.No.27894 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof herein and the earlier Order of the High Court dated 01.09.2022 & 17.10.2022 made herein and upon hearing the arguments of Sri.N.Ashwani Kumar, Advocate for the Petitioners, learned Govt. Pleader for Industries for respondent No.1 and Sri V.Surendra Reddy, Advocate for Respondent No.2, the Court made the following

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ORDER:

Heard at length Sri V.Surendra Reddy, learned counsel for the 2^nd respondent and reply of Sri N.Ashwani Kumar, learned counsel for petitioners.

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Reserved for judgment.

Interim order granted earlier is extended until further orders.

Sd/- U. SRI DEVI ASSISTANT REGISTRAR

SECTION OFFICER

$\mathbb{L}^{\mathbb{L}} \to \mathbb{L}^{\mathbb{L}} \to \mathbb{L}^{\mathbb{L}}$

$\mathcal{L} = \mathcal{L} = \mathcal{A} \cup \mathcal{L}$

//TRUE COPY//

$\mathsf{For}$

To

1. Two CCs to the G.P. for Industries, High Court of A.P., at Amaravati (OUT)

• 2. One CC to Sri N.Ashwani Kumar, Advocate(OPUC)
• 3. One CC to Sri V.Surendra Reddy, Advocate (OPUC)
• 4. One spare copy.

SRL.

HIGH COURT

MGR,J & SV,J

DT.01.12.2022

NOTE: RESERVED FOR JUDGMENT

ORDER

W.P.No. 27894 of 2022

EXTENSION OF INTERIM DIRECTION