Disposed

D.Yesanna, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Jul 2024WP/7080/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the inaction in disposing of a prisoner's appeal. At the admission stage, the Court granted liberty to the petitioner to file separate appeal petitions as directed in a departmental memo.

What did the court decide?

Liberty granted to the petitioner to file separate appeal petitions as indicated in the memo dated 15.12.2023.

D.Yesanna, Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI r

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR=

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTL

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WRIT PETITION NO: 7080 OF 2024

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Between:

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D.Yesanna, S/o. D.P. Devasahayam, Aged about 56 years, Occ. Senior Assistant, Attached to office of District Sub-Jail's Officers, Nellore R/o. Depperla Village, Ponnathota, Kadapa 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, Home Department, Secretariat, Velagapudi, Amaavati, Guntur^District.

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The Director General of Prisons and Correctional Services, Vijayawada, Andhra Pradesh.

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The Deputy Superintendent of Jails-cumEnquiry Officer, Central Prison, Nellore.

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The Superintendent of Jails, Central Prison, Kadapa.

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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 Oder or direction, more particularly, one in the nature of mandamus, declaring the action of the 2nd Respondent in kept •ending ,the Petitioner's Appeal, dt.14.10.2023 and Reminder, '.<1. " .,dt:tj7vj 1^2023, as illegal, improper, arbitraiy^{andviolationofArticles14and} !■ 'v ■J’ -v - I i21 ofjthe Constitution of India, consequently^directthe2 Respondent to ■' pdispo’se of the Petitioner's Appeal, dt.14.10.2023^forthwith.

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lA NO: 1 OF 2024

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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 direct the 2"^^ respondent to dispose of the Petitioners Appeal, dt.14.10.2023 forthwith, pending disposal of the above writ petition in the interest of justice.

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Counsel for the Petitioner: SRI HARINADH NIDAMANURI

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Counsel for the Respondent No.1 to 4: GP FOR SERVICES I

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.7080 OF 2024

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D.Yesanna, S/o. D.P.Devasahayam, Aged about 56 years, Occ: Senior Assistant, Attached to office of District Sub-Jail’s Officers, Nellore, R/o. Depperla Village, Ponnathota, Kadapa District.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District and three others.

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... Respondents

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Counsel for the petitioners : Sri Harinadh Nidamanuri Counsel for respondents : GP for Services-I

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ORDER

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\ \ *

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Heard Smt G.Manasa, learned counsel representing Sri Harindah Nidamanuri, learned counsel for the petitioner^and Sri S.Raju, learned Assistant Government Pleader for Services-I. 2. The Writ Petition is flied to declare the in action of the 2"'' respondent in not disposing the petitioner’s appeal, dated 14.10.2023 filed against the proceedings No.CPK/OS/E/8375/202, dated 12.10.2022 as illegal and arbitrary.

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Page 2 of 3

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SRS,J WP IMo.7080/2024

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At the hearing, the learned Assistant Government Pleader produced Memo No.DIG(KR)/OS/2150/2023 dated 15.12.2023 issued by the Deputy Inspector General of Prisons (FAC), Kadapa Range: Kadapa. Copy of the same is handed over to the learned counsel for the petitioner in the Court. 4. A perusal of the memo would indicate that the appeal filed by the petitioner was returned directing resubmission of appeal petitions separately. Petitioner received the memo on 03.01.2024.

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Learned counsel for the petitioner would submit that liberty be granted to the petitioner to file the appeals as indicated in memo dated 15.12.2023 which was received by the petitioner on 03.01.2024.

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Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, giving liberty to the petitioner to file appeal petitions, as indicated in memo dated 15.12.2023. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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To,

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OneCCto

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Sd/- S.SRINIVASA PRASAD assistant registrar^

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//TRUE COPY//

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SECTION OFFICER

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SRI HARINADH NIDAMANURI Advocate [OPUC]

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FOR SERVICES 1, High Court of Andhra Pradesh. 2. Two CCs to GP [OUT]

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Two C.D Copies MBT

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HIGH COURT

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. BATED:08/07/2024

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ORDER WP.No.7080 of 2024

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Of
m
Co,
I 2 5 JUL 20211
^ . Current Section ^

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DISPOSING THE W.P

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WITHOUT COSTS

D.Yesanna, v. The State of Andhra Pradesh

Case brief

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D.Yesanna, v. The State of Andhra Pradesh

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