The High Court of Andhra Pradesh dismissed a writ petition challenging an arbitrary government transfer order as infructuous without any order as to costs.
Writ petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE
THE HONOURABLE MS JUSTICE B SBHANUMATHI
`ate
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WRIT PETITION NO: 264 OF 2016
Between:
Mohd. Azeem, S/o. H.Nabi Saheb, Aged about 47 years, Clerk-cum-Typist (L.D. Steno in parent cadre), 0/o. The Inspector Auditor. Waqf, Collectorate Complex, Kurnool, Kurnool District.
...PETITIONER
AND
...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the 2nd respondent in transferring the petitioner from Kurnool to Head Office in Vijayawada vide impugned order issued in F.No. E1/17/20115-AP dated 23-12-2015 and its connected uncommunicated proceedings if any within thirteen months from the date of his earlier transfer that too during the middle of the academic year and when ban on transfers is in operation and also contrary to the orders of the Spouse case as being arbitrary, punitive, unjust, illegal and in violation of Article 14 of the Constitution of India and consequently hold that the petitioner is entitled to be continued as LD Steno/Clerk-cum-Typist at DRO Kurnool, in accordance with the transfer order issued by the 2nd respondent in F No. E2/05/2014 dated 22-11-2014 with all consequential benefits.
I.A. NO: 1 OF 2016(WPMP. NO: 320 OF 2016)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned office order issued by the 2nd
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respondent in F.No. E1/17/2015AP dated 23-12-20115 and direct the respondent to continue the petitioner as LD Steno/Clerk-cum-Typist, in the office of the Inspector Auditor, Wakf, Collectorate Complex, Kurnool.
Counsel for the Petitioner: SRI. D LINGA RAO
Counsel for the Respondents 1 to 3: SRI MOHD HABEEBUR RAHMAN, SC FOR WAQF
Counsel for the Respondent No. 4: GP FOR REVENUE
The Court made the following: ORDER
THE HON'BLE MSJUSTICE B.S.BHANUMATHI
Writ Petition No.264of 2016
ORDER:
The Writ Petition is filed seekingthe following prayer:
"... to issue a Writ, order ordirectionmore particularly one in the nature of Writof Mandamus declaring the action of the2"drespondentin transferring the petitioner fromKurnooltoHead Office in Vijayawada vide impugnedorder issued in F. No. F_ 1/17/2015-AP dated 23.12.2015 and its connected uncommunicatedproceedings if anywithin thirteen months from the date of hisearliertransfer that too during the middle of theacademicyear and when ban on transfers is inoperationandalso contrary to the orders of the Spouse case asbeing arbitrary, punitive, unjust, illegal and inviolation of Article 14 of the Constitution of India and consequently hold that the petitioner is entitled to be continued as LD Steno/clerk-cum-Typist atDRO Kurnool, in accordance with the transfer order issued by the 2' respondent in F.No.E2/05/2014, dated 22.11.2014 with all consequential benefits..."
There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
S/d- G. HELA NAIDU ASSISTANT REGISTRAR
//TRUE COPY//
To,
SECTION OFFICER
HIGH COURT
DATED:11/09/2023
ORDER
WP.No.264 of 2016
JK OF ANDHeA 1*
V 9 O
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,y Current Section
PATCHO
DISMISSING THE WP -cS INFRUCTUO us WITHOUT COSTS
1 issue framed by the court
Whether the writ petition accusing arbitrary transfer violates Article 14 is maintainable when the matter is infructuous.
2 provisions across 2 enactments
Mohd. Azeem
The A.P. State Waqf Board, Vijayawada
B.S. Bhanutrnath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
