Dismissed

Aditya Edu. Society & Another, v. the Dy. Commissioner, Endowments Dept. & 3 Ors.

Andhra Pradesh HC4 Nov 2024WP/3513/2010

Case brief

AI extract

What is this about?

A 2010 writ petition challenging an endowments department eviction order was listed after repeated adjournments; counsel again sought time to obtain instructions. Finding the petitioners had no interest in prosecuting the matter, the court dismissed the writ petition for non-prosecution without costs.

What the court decided

AI extract

Aditya Edu. Society & Another, Vs the Dy… — Writ and Judicial Review | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF NOVEMBER

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TWO THOUSAND AND TWENTY FOUR X

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PRESENT

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. HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 3513 OF 2010 ^

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Between:

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Aditya Educational Society Gopalapatnam, A Society Registered Under the Societies Registration Act, Rep. by its President^Smt. K. Chaya Devi, W/o. Ramana Murthy, Hindu, Aged about 53 years, R/o. Visakhapatnam - 530 027.

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K. Aditya Panini, S/o. Ramana Murthy, Hindu, EMPLOYEE, R/o. Kukatpally, Hyderabad - 500072.

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...PETITIONER{S)

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AND

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The Deputy Commissioner, Endowments Department, Visakhapatnam. 2. Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Rep. by its Executive Officer, Simhachalam, Visakhapatnam -530^029.

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The Assistant Commissioner, Endowments Department,

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Visakhapatnam.

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowments Department, Secretariat Buildings, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

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be pleased to issue a Writ, order or direction, particularly^{aWritinthenature} of Mandamus, declaring the order dated 01-01-2010 in O.A.No. 7/2002 passed by the 1st respondent herein as illegal, without jurisdiction and in violation of principles of natural justice and consequently^{declarethatthe} further proceedings initiated by the Respondent No.2 & 3 herein for evicting the petitioners are equally vitiated and are liable^{tobedeclared.}

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LA. NO: 2 OF 2010(WPMP. NO: 4289 OF 2010)

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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 grant leave to the petitioners to challenge^{theorderdated04-01-} 2010 in O.A.NO. 7/2002 passed by the 1st respondent^herein. I.A. NO: 1 OF 2010fWVMP. NO: 1381 OF 2010)

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Between:

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Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Rep. by its Executive Officer, Simhachalam, Visakhapatnam -530^029.

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Petitioner/2"'^ Respondent AND

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Aditya Educational Society, Gopalapatnam, A Society Registered Under the Societies Registration Act, Rep. by its President Smt. K. Chaya Devi, W/o. Ramana Murthy, Hindu, Aged about 53 years, R/o.

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Visakhapatnam - 530 027.

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K.Aditya Panini, S/o. Ramana Murthy, Hindu, Employee, R/o. Kukatpally, Hyderabad - 500072.

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Respondents/Petitioners

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The Deputy Commissioner, Endowments Department, Visakhapatnam. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Endowments Department, Secretariat Buildings,

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Hyderabad.

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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 petition, the High Court may be pleased to vacate interim orders dated 18.2.2010 in^{WPMPNo.4584/2010} in WP No. 3513/2010.

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I.A. NO: 3 OF 2010(WPMP. NO: 4584 OF 2010)

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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 Respondent No.2 and 3 herein^{nottointerferewith} the possession, enjoyment and running of the school Shirdi Sai Vidya Vihar that is being run by the 1st petitioner-society in Simhachalam, Visakhapatnam by suspending the operation of the order^{dated04-01-2010} in O.A.No. 7/2002 passed by 1st respondent.

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Counsel for the Petitioner(s);SRI K V SUBRAHMANYA NARUSU Counsel for the Respondents No.1,3,4: GP FOR ENDOWMENTS Counsel for the Respondent No.2: SRI K MADHAVA REDDY (SC FOR

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ENDOWMENTS)

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The Court made the following: ORDER

APHC010050602010

S-iiT

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

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[3310]

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TUESDAY ,THE FIFTH DAY OF NOVEMBER 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: 3513/2010

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Between:

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Aditya Edu. Society & Another, and Others ...PETITIONER(S)

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AND

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The Dy Commissioner Endowments Dept 3 Ors and ...RESPONDENT(S) Others

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Counsel for the Petitioner(S):

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K V SUBRAHMANYA NARUSU

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Counsel for the Respondent{S):

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K MADHAVA REDDY (SC FOR ENDOWMENTS AR)

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2.GP FOR ENDOWMENTS

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The Court made the following Order:

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On an earlier occasion i.e., on 15.10.2024, none appears for the petitioners and the matter was adjourned to today.

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Today, when the matter is taken up, Mr K.Sai Ram Murthy, learned counsel appears online through video conferencing on behalf of

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Mr K.V.Subrahmanya narusu, learned counsel for the petitioners and seeks time to get instructions in the matter.

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As observed from the proceeding sheet, on several occasions this Court has granted time to the learned counsel for the petitioners. But , even though the matter pertains to the year 2010 and several adjournments are granted, today learned counsel for the petitioners again seeks time to get instructions in the matter. It seems that the petitioners have no interest to prosecute the case.

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Hence, the Writ Petition is dismissed for non prosecution. There shall be no order as to costs. 5. As a sequel, miscellaneous applications pending, if any, shall stand closed.

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SD/- K. KASIRAO ACHARi ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER

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To,

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One CC to SRI. K. V. SUBRAHMANYA NARUSU, Advocate [OPUC]

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One CC to SRI. K. MADHAVA REDDY (SC FOR ENDOWMENTS), Advocate [OPUC]

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

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Three C.D.Copies

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¶73

HIGH COURT DATED:05/11/2024

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ORDER

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WP.No.3513 of 2010

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t 3 n m 2C25
. Curteni bectlon
S »ATC^^

¶77

DISMISING THE WP FOR NON PROSECUTION WITHOUT COSTS

Aditya Edu. Society & Another, v. the Dy. Commissioner, Endowments Dept. & 3 Ors.

Case brief

What is this about?

What the court decided

Aditya Edu. Society & Another, v. the Dy. Commissioner, Endowments Dept. & 3 Ors.

Case brief

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