Writ petition challenging illegal eviction by police was dismissed as infructuous by the High Court of Andhra Pradesh without costs following the death of the petitioner.
Writ petition dismissed as infructuous with no orders as to costs pending closure of miscellaneous petitions.
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 :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY.THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE B. V. L. N. CHAKRAVARTHI
WRIT PETITION NO: 1438 OF 2019
Between:
Shaik Silar, S/o. Moulali, Aged about 49 years, Occ: Business, R/o. Door No 19-12187, L.R.Colony, Sangadigunta, Guntur, Guntur 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 a writ, order or direction more particularlyone in nature of Writ of Mandamus declaring the aggrieved by the highhanded action on the part of the respondent No.3 and his subordinates in interfering with my personal life and liberty and calling upon to his Police Station and making me to sit in his Police Station and pressurizing me to vacate the house bearing Door No.22-1-70, Ward No.11, Lalapet Guntur, and handover the same to the respondent No.5 as arbitrary, illegal and violate the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 and his subordinates not to interfere with my personal life and
liberty and not to pressurizing me to vacate the house bearing Door No.22-1-70, Ward No.11, Lalapet Guntur, and handover the same to the respondent No.5.
lA NO: 1 OF 2019
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 and his subordinates not to interfere with my personal life and liberty and not to pressurizing me to vacate the house bearing Door No.22-1-70, Ward No.11, Lalapet Guntur, and handover the same to the respondent No.5, pending disposal of the above WritPetition.
lA NO: 2 OF 2019
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to receive this better affidavit along with the Xerox copy of the rental agreement, dated 18-12-2016.
lA NO: 3 OF 2019
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to extent the order, dated 11-02-2019 made inW.P.No. 1438/2017. Counsel for the Petitioner : SRI P. V. N. KIRAN KUMAR
Counsel for the Respondent Nos.1 to 3 : GP FOR HOME
Counsel for the Respondent Nos.4 & 5 : NONE APPEARED
The Court made the following: ORDER
[3368]
APHC010031302019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 1438/2019
Between:
Sk Silar
...PETITIONER
AND
The State of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.P VN KIRAN KUMAR
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
2.G JAGADEESWAR
The Court made the following:
O RD E R:
This Writ Petition under Article 226 of the Constitution of
India is filed for the following relief:
‘‘....to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the aggrieved by the highhanded action on the part of
2
the respondent No. 3 and his subordinates in interfering with my personal life and liberty and calling upon to his Police Station and making me to sit in his Police Station and pressurizing me to vacate the house bearing Door No.22.1.70, Ward No. 11, Lalapet, Guntur, and handover the same to the respondent No. 5 as arbitrary illegal and violate the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of Indiaand consequently direct the respondent No. 3 and his subordinates not to interfere with my personal life and liberty and not to pressurizing me to vacate the house bearing Door No. 22.1.70, Ward No. 11, Lalapet, Guntur and handover the same to the respondent No. 5 and pass...
- Sri P.V.N.Kiran Kumar, learned counsel for the petitioner would submit that the cause in the Writ Petition doesnotsurvive for further adjudication and the Writ Petition has become infructuous.
- Sri S.Sarath Kumar, learned Assistant Government Pleader
for Home is present.
- Recording the submission made by learned counsel forthe petitioner, the Writ Petition is dismissed as infructuous. There shall be no orders as to costs.
3
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
To,
//TRUE COPY//
Sd/- P.VENKAT RAMANA JOINT REGISTRAR /^CTI^OFFICER
Cnr
HIGH COURT
DATED:18/09/2024
ORDER
WP.No.1438 of 2019
X
o 0 h GCT 2:ri I
§■ . Current Section
DISMISSING THE W.P. AS INFRUCUTOUS WITHOUT COSTS
2 issues framed by the court
Whether the Writ Petition has become infructuous after the death of the petitioner.
Whether the petition should be dismissed on the grounds of being infructuous.
Shaik Silar
The State of Andhra Pradesh
Superintendent of Police, Guntur
Station House Officer, Lalapet Police Station
Mr. Ravindra
Pachipulusu Venkata Maruthi Siva Sai Prasad
B. V. L. N. Chakravarti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
