Disposed

M.A. Aziz v. State of Andhra Pradesh, Rep. by Principal Secretary

Andhra Pradesh HC5 Mar 2024WP/34003/2015

Case brief

AI extract

What is this about?

High Court closed a pending writ petition declaring it devoid of substance as the underlying domestic violence case had already been decided in favor of the applicant. It directed the petitioner to approach the District Court for grievances.

What did the court decide?

Writ petition closed. No order as to costs. Interlocutory applications closed. Grievances to be filed before District Court.

M.A. Aziz Vs State of Andhra Pradesh, Rep… — Writ and Judicial Review | 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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WEDNESDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 34003 OF 2015

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Between:

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M.A. Aziz, S/o. M.A. Hussain, Aged about: 46 years, Occ: Pvt. Employee, House No. 16037-22, Sambamurthy Nagar, Kakinada, East Godavari District, A.P.

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...PETITIONER

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AND

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State of Andhra Pradesh, Rep. by Principal Secretary,^Home Department, Secretariat, Saifabad, Hyderabad - 500^022.

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The Protection officer, O/o. Dist. Women & Child Dev. Agency, District Collector's Officer, Kakinada, East Godavari Dist.

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Smt. S. Nazumunnisha, W/o. M.A. Aziz, Aged about 42 years, Occ: S.G.T., R/o. Kotavuretia Village, Visakhapatnam District, A.P. Presently at: House No. 4-408/1, F.C.I. Colony, Gaigolupadu, Kakinada, East Godavari Dist.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in

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the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondent No.2 in taking application made by the 3rd Respondent against the Petitioners herein for the provisions under protection of Women^{fromDomesticViolence} Act 2005 and refered the matter to the Learned V Addl. Judicial First Class Magistrate, Kakinada, East Godavari District, A.P.^thesame is numbered as D.V.C. No. 11 of 2015 as illegal, arbitrary, unjust and violative of Principles

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of natural justice consequently Quash the said D.V.C. No. 11 of 2015 on the file^ of Learned V Addl. Judicial First Class Magistrate, Kakinada, East Godavari District, A.P. against the Petitioner herein.

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I.A. NO: 1 OF 2015(WPMP. NO: 43790 OF 2015t

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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 Stay of all further proceedings in the said D.V.C. No. 11 of 2015 on the file of Learned V Addl. Judicial First Class Magistrate, Kakinada, East Godavari District, A.P. against the Petitioner herein pending disposal of the above writ petition keeping in view et the above facts and circumstances I.A. NO: 1 OF 2017fWVMP. NO: 780 OF 2017) Between:

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The Protection officer, O/o. Dist. Women & Child Dev. Agency, District Collector's Officer, Kakinada, East Godavari Dist.

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...PETITIONER/RESPONDENT

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AND

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M.A. Aziz, S/o. M.A. Hussain, Aged about; 46 years, Occ; Pvt. Employee, House No. 16037-22, Sambamurthy Nagar, Kakinada,^East Godavari District, A.P.

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...RESPONDENT/PETITIONER

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State of Andhra Pradesh, Rep. by Principal Secretary,^Home Department, Secretariat, Saifabad, Hyderabad - 500 022.

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Smt. S. Nazumunnisha, W/o. M.A. Aziz, Aged about 42 years, Occ; S.G.T., R/o. Kotavuretia Village, Visakhapatnam District, A.P. Presently at; House No. 4-408/1, F.C.I. Colony, Gaigolupadu, Kakinada, East Godavari Dist.

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(Respondent Nos.1 & 2 are not necessary in the party)

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...RESPONDENTS/RESPONDENTS

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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 vacate the order dated 13.10.2015 in^{W.P.M.P.No.43790of} 2015 in W.P.No.34003 of 2015 in the above writ petition.

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Counsel for the Petitioner: SRI M. A. KHADER Counsel for the Respondent Nos.1 & 2: GP FOR HOME Counsel for the Respondent No.3: SRI C. SHARAN REDDY The Court made the following: ORDER

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■ \

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t J

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APHCO10005722015 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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[ 3310 1

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO; 34003 OF 2015

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Between: M.A. Aziz

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...PETITIONER(S)

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AND STATE OF ANDHRA PRADESH REP BY PRINCIPAL SECRETARY AND OTHERS ...RESPONDENT(S)

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Counsel for the Petitioner(s):SRI. M A KHADER

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Counsel for the Respondents: GP FOR HOME (AP)

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Counsel for the Respondents: 16589/C SHARAN REDDY

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The Court made the following:

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ORDER:

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This writ petition is filed declaring the action of the respondent No.2 in taking application made by the 3''<i respondent against the petitioners herein for the provisions under protection of Women from Domestic Violence Act 2005 and referred the matter to the learned V Additional Judicial First Class Magistrate, Kakinada, East Godavari District, A.P., the same is^{numberedasDVCNo.11} of 2015, as illegal and arbitrary.

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None appeared for the petitioner. Learned Assistant^{GovernmentPleader} for Home is present.

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As per e-courts status, it is observed that the^DVCNo.11 of 2015 was allowed in part on 20.01.2020 on the file of V Additional^Judicial First Class

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Magistrate, Kakinada. East Godavari District, So, it appears, nothing^survives in the present writ petition and the same is liable to be closed.

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Accordingly, the Writ Petition is closed. There shall be no order as to

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costs.

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It is made clear that, if at all, the petitioner is having any grievance ini DVC, he has to file an application before the concerned District court only but not before this Court by way of Article 226 of the Constitution of India.

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As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- P.U.V. BHASKAR RAI

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI M. A. KHADER, Advocate [OPUC]

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One CC to SRI C. SHARAN REDDY, Advocate [OPUC]

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Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]

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Three CD Copies

ssb

HIGH COURT

DATED:06/03/2024

ORDER

WP.No.34003 of 2015

I ^i'>4UG 2024 S
* Section ^

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CLOSING THE W.P. WITHOUT COSTS

M.A. Aziz v. State of Andhra Pradesh, Rep. by Principal Secretary

Case brief

What is this about?

What did the court decide?

M.A. Aziz v. State of Andhra Pradesh, Rep. by Principal Secretary

Case brief

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What did the court decide?

What the court decided

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