Disposed

Sri Andhra Rastriya Aadhisaiva (Archaka) Society, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Mar 2024WP/19174/2023

Case brief

AI extract

What is this about?

Petitioners sought a writ directing State respondents to invite them to Archaka Welfare Committee meetings to address grievances. Respondents Nos. 1 and 2 were absent. The court directed the Commissioner (2nd respondent) to consider the petitioners' specific representation expeditiously.

What did the court decide?

8.1. The 2nd respondent to consider and dispose of the petitioners' representation dated 20.06.2023 within three months giving due opportunity to all parties.

Sri Andhra Rastriya Aadhisaiva… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19174 OF 2023

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Between:

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Sri Andhra Rastriya Aadhisaiva (Archaka) Society Rep. by its President, Y.Satya Seetha Rama Sarma (Murumulla Rambabu), Aged56 Years, Head office at D. No. 31-17-5, Kutumbarao Street, behind Post office, Machavaram Down, Vijayawada, NTR District-520004

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Sri Andhra Pradesh Archaka Aikya Vedhika, (Joint^Action Committee of Archaka Associations), Rep. by its President, Srikantan Nandhiswar, Aged- 70 Years, Head Office at 101, Sanjay Arcade 1st Line, Udhyog

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Nagar,Gujanagundla, Guntur, Guntur District

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Rep- by its Principal Secretary, Endowments Department, Secretariat, Velagapudi, Amaravathi Guntur District

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The Commissioner, Endowments Department (A.P), Gollapudi, Vijayawada, Krishna District

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Andhra Pranthiya Archaka Samaikya, Rep. by its President A. Atreya Babu, Office at 6-9-23, Near Jain Temple, Tenali, Guntur District

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...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 respondents in not allowing the/inviting the petitioners societies for addressing their

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•»»

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grievances in Archaka Welfare Committee Meetings or^{ArchakaGrievance} Cell Committee Meeting, etc. For implementing others^scheme for the Archakas and taking decisions only by inviting members of 3rd respondent society as bad, illegal, arbitrary and violative of articles 14, 21, 25 and 26 of Constitution of India and consequently direct the 1st and 2nd respondents to invite the petitioners for addressing their grievances in Archaka Welfare Committee or Archaka Grievance Cell Committee, etc. iA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1st and 2nd respondents to consider the petitioners representation dated 20.06.2023, 25.10.2022, 21.10.2022, 29.10.2021, 06.09.2021.

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IA NO: 2 OF 2023

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Petition under Section 151 CPC 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 for taking^{outsubstitutedmodeof} service of notice to the 3rd respondent by publishing in Sakshi/EenaduTelugu News daily or Hindu/Times of India-English News daily. Counsel for the Petitioner(s):SRI. D. V. SASIDHAR

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Counsel for the Respondents No:i,2: GP FOR ENDOWMENTS Counsel for the Respondent No.3: M/s. PADMAVATHI PADNAVIS The Court made the following: ORDER

APHC010377232023

[3233]

ri ■Jt--

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 19174/2023

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Between:

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Sri Andhra Rastriya Aadhisaiva (archaka) Society, and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):

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...RESPONDENT(S)

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1.D VSASIDHAR

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS

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2.PADMAVATHI PADNAVIS

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The Court made the following:

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ORDER:

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Heard the learned counsel for the petitioners and the^learned Assistant Government Pleader for Endowments for the^respondent Nos. 1 and 2. Inspite of service of notice to the respondent,^none

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appears.

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The grievance of the writ petitioners is that their representation dated 20.06.2023 has not been considered so far by the 2^^^ respondent.

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The learned counsel for the petitioners submits that the petitioners’ association is a very old association knowing the problems of Archakas and the suggestions can be given by the petitioners’ Association for their improvement and wellbeing if the 2'^^ respondent invites the petitioners also for any such discussions^{toconsiderthe} demands and needs of the Archakas. It would be proper and necessary to consider the suggestions of the petitioners also and it would be appropriate also. But so far no decision is^takenon the above said representation of the petitioners.

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Inspite of giving number of adjournments no counter is filed by the respondent Nos. 1 and 2.

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In view of the above said facts and circumstances, this court directs the 2^^ respondent to consider and dispose of the representation of the petitioners dated 20.06.2023 if not already disposed off as expeditiously as possible preferably within a period of three (3) months from the date of receipt of this order by giving due opportunity to all the parties concerned including the petitioners and the 3''‘i respondent. Appropriate decision shall be taken by the 2”^ respondent on it’s own merits strictly in accordance^withlaw.

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■^V

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Accordingly, the writ petition is disposed off. There^shallbeno

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order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any,^shallstand closed.

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SD/- U. SRIDEVI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Endowments Department, State of Andhra

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Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur^District

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The Commissioner, Endowments Department (A.P), Gollapudi,

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Vijayawada, Krishna District

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The President, Andhra Pranthiya Archaka Samaikya,^{A.AtreyaBabu,} Office at 6-9-23, Near Jain Temple, Tenali, Guntur^District

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One CC to SRI. D. V. SASIDHAR Advocate [OPUC]

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Two CCS to GP FOR ENDOWMENTS, High Court of Andhra^Pradesh. [OUT]

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One CC to M/s.PADMAVATHI PADNAVIS, Advocate [OPUC]

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Three C.D.Copies

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HIGH COURT DATED: 12/03/2024

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ORDER

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WP.No.19174 of 2023

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DISPOSING OF THE WP WITHOUT COSTS

Sri Andhra Rastriya Aadhisaiva (Archaka) Society, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Andhra Rastriya Aadhisaiva (Archaka) Society, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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