The High Court dismissed a writ petition for default due to the absence of representation by the petitioner on two consecutive occasions, noting a lack of interest in prosecuting the case.
Writ petition dismissed for default; no order as to costs; consequent miscellaneous petitions closed.
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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAXO*
(Special Original Jurisdiction)
THURSDAY. THE TENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
r’s
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA^a”" ’
WRIT PETITION NO: 46433 OF 2016
Between:
Smt and Sri Ambati Sesha Reddy and Jaya Lakshmamma, Educational Trust, yatthalur Village and Post, Pullampet Mandal, Kadapa District Represented by its Chairman A.V.Subba Reddy, S/o.Late Sesha Reddy. Aged about 65 years, R/o. Vathalur Village, Pullampet Mandal. Kadapa District.
...PETITIONER
AND '
...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, Order or Direction particularly in the nature of Writ of Mandamus directing the third respondent to conduct an enquiry whether excavation irrigation canal of Annamayya Project -Division -II in Sy.No.18/2 and Sy.No.12/A (New) and old Nos.1/25-A and 1/25-C of Kuchivaripalli Village, Thummala Agraharam fields in which the petitioner is running Engineering and Polytechnic Colleges was made in accordance with the sanctioned plan and fix the liability on the persons concerned, who have manipulated the records showing excavation of canal on paper and misappropriation of huge funds without
doing any work and now throwing the blame on the petitioner Trust alleging that the canal excavated is disturbed and closed by the petitioner, holding that the direction given by the fifth respondent in his proceedings letter No.AEE/AP-SubDivision No.-IV I & D dated 14-1-2014 to restore the canal as arbitrary and illegal.
I.Ai NO: 1 OF 2616(WPMP. NO: 57209 OF 2016)
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 all further proceedings in pursuance of the proceedings of the 5th respondent in Letter No.AEE/A.P.SubDivision-IV/l&D dated 04-01-2014 pending Writ Petition.
lA NO: 1 OF 2020
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 permit the petitioner herein to represent the petitioner trust in WP. 46433 of 2016 as she is the secretary of the said trust and amend the cause title in so far as the petitioner is concerned as follows "Smt and sri Ambati Sesha Reddy and Jaya Lakshmamma educational trust is represented by its secretary Ambati Shilpa Reddy aged 39 years, D/o. Late A.V.Subba reddy R/o.D.No. 8-2-293/82/J111/443/A/23, Road No. 86, Film Nagar, Jubilee Hills, Hydearabad-5D0096 in the place of Smt. and Sri Ambati Sesha Reddy and Jaya Lakshmamma educational trust, Vathalur Village and post Pullampt Mandal, Kadapa district represented by rts chairman, A.V.subba Reddy, S/o. Late Sesha Reddy R/o. Vathalur Village Pullampet Mandal, YSR Kadapa District in the interest of justice.
Counsel for the Petitioner: SRI. M N NARASIMHA REDDY
Counsel for the Respondent Nos. 1,4 &5: GP FOR IRRI AND CAD
Counsel for the Respondent Nos. 2, &6 to 8: GP FOR REVENUE
Counsel for the Respondent No. 3: GP FOR GENERAL ADMINISTRATION
The Court made the following: ORDER
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.46433 of 2016
ORDER;
When the matter is taken up, the docket order reveals that there was no representation for the petitioner on the last two occasions i.e., on 03.08.2023 and 08.08.2023. Therefore, on 08.08.2023, the matter was directed to be listed on 10.08.2023 under the caption ‘for dismissal’. Even though the matter was posted under the caption ‘for dismissal’. today also there is no representation for the petitioner, This shows that the petitioner is not evincing any interest in
prosecuting the case.
Accordingly, the Writ Petition is dismissed for default. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
To
Sd/- KJ RAJABABU ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER
5. Two CD Copies csb
/ //
HIGH COURT
DATED: 10/08/2023
ORDER
WP.No.46433 of 2016
2 9 SEP 2023
. Current SecUon
DISMISSING THE WP FOR DEFAULT WITHOUT COSTS
Ambati Sesha Reddy and Jaya Lakshmamma
State of Andhra Pradesh
Regional Vigilance & Enforcement Officer
Executive Engineer
Deputy Executive Engineer
District Collector
VENKATESWARLU NIMMAGADDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
