K. Rama Raju vs. The Prl.Secretary To Govt. Of A.P. Revenue

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Nath Tilhari
Case Status:Dismissed
Order Date:22 Jul 2024
CNR:APHC010167262006

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Ravi Nath Tilhari , Nyapathy Vijay

Listed On:

22 Jul 2024

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Order Text

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

MONDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 2215 OF 2006

Between:

K. Rama Raju, West Godavari District, S/o. Subba Raju, Hindu E.O. Grade-ll, Group Temples, Pedanindrakolanu, Nidamarru Mandal, West Godavari District,

...PETITIONER

AND

    1. The Principal Secretary to Government, of A.P., Revenue (Endowments) Departments, Secretariat Buildings, Hyderabad,
    1. The Commissioner of A P Charitable and, Hindu Religious Institutions Department, Tilak Road, Hyderabad,

...RESPONDENTS

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 <sup>a</sup> writ of Mandamus or any appropriate writ or order or direction by setting aside the orders passed in O.A.No. 5520/1999, dt. 7-32005 as being illegal, unjust and improper while declaring the 1st Proviso of Sec. 29(3) of A.P. Charitable and Hindu Religious Institutions and Endowment Act 30 of 1987 and rules made under G.O.Ms.No. 262, Revenue (Endowments-1) dt. 20-5-2002 more particularly Rule <sup>3</sup> Class -I categories respectively as indicated therein, as illegal and unconstitutional improper apart from violative of Articles 14, 16 of the Constitution of India by directing the respondents <sup>1</sup> and 2 not to promote the ministerial staff of endowments department and the temple employees of Sec. 6(a)(b)(c) & (d) Institutions Governed under aCT 30/1987 byu transfer to the post of Executive Officers Grade-Ill, Grade-ll and <sup>I</sup> and pass such aother order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

I.A. NO: <sup>1</sup> OF 2006(WPMP. NO: 2695 OF 2006)

r

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents <sup>1</sup> and 2 not to implement the rules in G.O.Ms.No. 262 Revenue (Endowments I) dt. 20-5-2002 more particularly Rule No.3 Class-1 i.e. Executive Officers Grade-1, II and III by promoting the Ministerial Staff and the temple employees to the post of Executive Officers, pending disposal of the writ petition.

Counsel for the Petitioner: MRS. M JAGANNATHA SARMA FOR REPRESENTING FOR M. SIVA JOTHI

Counsel for the Respondent: GP FOR ENDOWMENTS

The Court made the following : ORDER

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 2215/2006

ORDER: (per Hon'ble Sri Justice Ravi Nath Tilhari)

The petitioner has challenged the order dated 07.03.2005 passed by the A.P.Administrative Tribunal, Hyderabad in O.A.No.5520 of 2009.

  1. The petitioner filed W.P.M.P.No.28963 of 2005 seeking The leave to challenge the said order, which was allowed. petitioner was not a party in the O.A

  2. There is no interim order in the writ petition.

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  1. Smt.Siva Jyothi, learned counsel appears for the petitioner.

  2. On 08.07.2004, the following order was passed.

"On the request made by Ms. M. Siva Jyothi, learned counsel, representing Sri M. Jagannatha Sarma, learned counsel for the petitioner that he has undergone eye surgery, listen 22.07.2024.

  1. No further adjournment will be granted as the matter pertains to the year 2006 and is listed under the caption of 'Specially Identified Cases'. "

  2. Learned counsel for the petitioner has filed <sup>a</sup> memo submitting that he addressed <sup>a</sup> letter on 09.07.2024 to the N petitioner on the address mentioned in the cause title but the said letter was returned by the Postal Department on 13.07.2024 with an endorsement 'no such addressee in the village limits'. The petitioner has not notified his detailed address to the petitioner's counsel and has not given any contact number.

  3. Considering the nature of the dispute and also the prayer made, by efflux of time, the petitioner might have lost interest in the petition to pursue the same.

  4. The Writ Petition, therefore, is dismissed for want of prosecution. No order as to costs.

  5. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

Sd/- U. SRIDEVI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

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/

To,

  • One CC to MRS M JAGANNATHA SARMA FOR REPRESENTING FOR MRS M. SIVA JOTHl Advocate [OPUC] 1.
  • Two CCS to GP FOR ENDOWMENTS .High Court of Andhra Pradesh. [OUT] 2.
    1. Three CD Copies

KM

HIGH COURT DATED:22/07/2024

ORDER WP.No.2215 of 2006

DISMISSING THE WP WANT FOR PROSECUTION WITHOUT COSTS