A writ petition challenged police actions threatening petitioners during a civil suit. Counsel argued the cause of action no longer existed, and the High Court agreed, closing the petition.
Writ petition closed. No order as to costs. Associated miscellaneous applications also 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 :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE TENTH DAY OF JANUARY TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 23305 OF 2014
Between:
...PETITIONERS
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 respondents 3 to 5 in threatening the petitioners in calling to the police station frequently and insisting to withdraw the O.P. No. 44/2014 pending on the file of the Principal Senior Civil Judge Court, Gudivada, Krishna District pending against the 6th respondents as illegal arbitrary and violative of principles of natural justice and consequently direct the respondents not to insist the petitioners to attend the 5th respondent police station without recourse to law.
I.A. NO: 1 OF 2014fWPMP. NO: 29195 OF 2014)
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 3 to 5 not to insist the petitioners to attend the 5 th respondent police station, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI SIVA NAGARJUNA representing SRI T. V. S. PRABHAKARA RAO
Counsel for the Respondent Nos.1 to 5: GP FOR HOME
Counsel for the Respondent No.6: NONE APPEARED
The Court made the following: ORDER
THE HON'BLE DR.JUSTICE K. MANMADHA RAO
Writ Petition No.23305 of 2014
ORDER:-
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
to issue a Writ Order or Direction more particularlyoneinthe nature of Writ of Mandamus declaring the action of the respondents 3 to 5 in threatening the petitioners in calling to the police station frequently and insisting to withdraw the O.P.No.44 of2014 pending on the file of the Principal Senior Civil Judge Court, Gudivada, Krishna District, pending against the 6'^ respondents as illegal, arbitrary and violative of Principles of Natural Justice and consequently direct the respondents not to insist the petitioners to attend the S"" respondent police station without recourse to law and to pass such other orderororders...."
- Heard Mr.Siva Nagarjuna, learned counsel, representing Mr.T.V.S.Prabhakar Rao, learned counsel for the petitionersand learned Assistant Government Pleader for Home appearing for respondent Nos.l to 5. None appeared for the respondentNo.6.
- Today, when the matter is taken up for hearing, learned counsel for the petitioners submits that the causeofactioninthis Writ Petition does not survive and requests this Courtthatthis matter may be closed.
- Learned counsel for Home appearing for respondent Nos.lto 5 did not refute the submissions of the learned counsel for the
petitioners.
2
Petition does not survive.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
Aco.o-r SD/-USRIDEVI assistant registrar //TRUE COPY// SECflO^ FFICER
To,
Ssb VNA
i
HIGH COURT
DATED:10/01/2024
ORDER
WP.No.23305of2014
CLOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the cause of action in a writ petition alleging illegal police threats to petitioners survives and warrants a writ of mandamus.
Kasagani Biksham
Kasagani Shiva Parvathi
Kasagani Pathabhiramayya
Government of Andhra Pradesh
Superintendent of Police, Krishna District
Smt. Dasagani Madhavi
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
