The High Court closed the writ petition regarding the petitioner's challenge to his removal as Additional Public Prosecutor. Standing counsel submitted that a regular appointment of another advocate for the same post had been issued, rendering the petitioner's grievance inoperative.
The writ petition was closed without costs.
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 :: AMARAVAT (Special Original !urisdiction)
O
FRIDAY, THE FIRST DAY OF SEPTEMBER f€' .' w.?;
TWO THOUSAND AND TWENTY THREE S
PRESENT ' ~~~~4/
:_,..~ _ '
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI ~
WRIT PETITION NO: 6731 OF 2022
Between:
Sri T Lakshmi Narayana, S/o T. Narasimhulu , Aged about 58 years, Occ.Advocate, Rajampet Bar Association, R/o H. No. 6/445-BI, ChaitanyaNagar,R.SRoad, Rajampet, Y S R Kadapa District, Andhra Pradesh. Pin-516115.
...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 A writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Action of the 3rd respondent there by issuing the Proc. No.1001187/82/2019, Dated, 19.02.2022 - for making In Charge arrangements for Prosecuting cases before the 6th respondent as Additional Public Prosecutor in the place of the Petitioner to Additional Public Prosecutor GrII, Assistant Sessions Judge Court, Rajampet Kadapa District, without jurisdiction and pending consideration of the Petitioner application before the Government, without following the procedure as per the G.O. MS No. 187, Law, dated 06-122000 and Section 24 of Cr.P.C. .and the General Clauses Act,1897, as illegal,
irregular, and offends of Article 14, 16, 21 of Constitution of India and Set aside the same and consequently direct the Respondents to continue the Petitioner as Additional Public Prosecutor before the 6th respondent i.e III Additional District Judge Court Rajampet, Y.S.R Kadapa District till the issuance of G.O by the 2nd respondent i.e Principal Secretary to Government of Andhra Pradesh Home (Courts-A) Department.
IA NO: 1 OF 2022
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 Proc. No.1001187/82/2019, Dated, 19.02.2022 issued by the 3rd respondent for making In Charge arrangements for Prosecuting cases before the 6th respondent as Additional Public Prosecutor in the place of the Petitioner to Additional Public Prosecutor Gr-II , Assistant Sessions Judge Court, Rajampet Kadapa District and continue the Petitioner as Additional Public Prosecutor before the 6th respondent i.e Ill Additional District Judge Court Rajampet, Y.S.R Kadapa District till the issuance of G.O by the 2" respondent i.e Principal Secretary to Government of Andhra Pradesh Home ( Courts-A) Department, pending disposal of the main Writ Petition.
Counsel for the Petitioner(s): SRI. SUDHIR MATTEGUNTA
Counsel for the Respondents 1 to 4: GP FOR LAW LEGISLATIVE AFFAIRS
Counsel for the Respondents 5 & 6 : SRI S. NAGESWARA REDDY, SC FOR APHC
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.6731 of 2022
T. Lakshmi Narayana, S / o T. Narasimhulu, aged about 58 years, Occ: Advocate, Rajampet Bar Association, R/o H.No.6/445-B1, Chaitanya Nagar, R.S. Road, Rajampet, YSR Kadapa District, Andhra Pradesh - 516 115.
Petitioner
Versus
The State of A.P., Rep by Principal Secretary to Government, Legal and Legislative affairs and justice, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh and five others.
Respondents
Counsel for the petitioner
: Sri Mattegunta Sudhir,
Counsel for respondents
GP for Law and Legislations Sri S. Nageswara Reddy, Learned standing counsel for' High Court of Andhra Pradesh
.: ORDER::
This writ petition is filed to declare the proceedings No.1001187/82/2019 dated 19.02.2022 issued by respondent No.3, making incharge arrangements for prosecuting cases before respondent No.6, as Additional Public Prosecutor in the place of petitioner, to Additional Public Prosecutor, Grade-II c the Court of Assistant Sessions Judge, Rajampet, Kadapa District, as illegal and arbitrary.
Page 2 of 3
SRS,1 W.P.No.6731 of 2022
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
SD!- G. HELA NAIDU ASSISTANT REGISTRAR
!!TRUE COPY!! SECTION OFFICER
To,
HIGH COURT
DATED:01/09/2023
ORDER
WP.No.6731 of 2022
t
CLOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether to issue a writ of mandamus to declare the appointment of a third respondent as Additional Public Prosecutor illegal and to continue the petitioner in that post pending further orders.
T. Lakshmi Narayana
The State of Andhra Pradesh
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
