ShakGhousulWara, Vs The Government of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

ShakGhousulWara, Vs The Government of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None on merits; Writ Petition dismissed for non-prosecution with no order as to costs, and pending interlocutory applications, if any, stand closed.

Issue for consideration

Whether the respondents' action in not considering the petitioner's representation dated 30-03-2019 to take disciplinary action against the 6th respondent, who allegedly posted a highly objectionable WhatsApp message against BJP in the AP Police Ministerial Staff Association WhatsApp group on 27-03-2019 while the Model Code of Conduct was in force, is arbitrary, illegal, unjust and in violation of the Model Code of Conduct and the Constitution of India. (Raised in the prayer; never adjudicated, as the petition was dismissed for non-prosecution.)

Ratio / Principle

Since there was no representation for the petitioner though the matter was posted under the caption 'For Dismissal', and there had been no representation on earlier occasions either, it appeared the petitioner was not interested in prosecuting the case; accordingly the Writ Petition is dismissed for non-prosecution, with no order as to costs.

Key takeaways

As a sequel to the dismissal, interlocutory applications, if any, pending in the Writ Petition shall stand closed.ratio¶39

Detailed headnote1 paragraphs

Shakghousulwara v. Government of Andhra Pradesh and others, Writ Petition No. 7304 of 2019 (High Court of Andhra Pradesh at Amaravati, B.V.L.N. Chakravarthi J., 04-12-2025): Petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to consider the petitioner's representation dated 30-03-2019 for taking disciplinary action against the 6th respondent, alleged to have posted a highly objectionable WhatsApp message against BJP in the AP Police Ministerial Staff Association WhatsApp group on 27-03-2019 while the Model Code of Conduct was in force. Held: dismissed for non-prosecution. The matter was posted under the caption 'For Dismissal' and there was no representation for the petitioner either on that date or on earlier occasions; the Court recorded that the petitioner appeared not interested in prosecuting the case. No order as to costs; pending interlocutory applications, if any, stood closed. No issue on the merits was adjudicated.

[3368]

APHC010169182019

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

THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 7304/2019

Between:

SHAKGHOUSULWARA,, S/OS.MAHABOOB, AGED ABOUT 40 YEARS, OCC JUNIOR ASSISTANT RIO. D.NO. 3/675-1, RAJA REDDY STREET, KADAPA, YSR DISTRICT.

...PETITIONER

AND

THE GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI. GUNTUR DISTRICT.

THE CHIEF ELECTORAL OFFICER, ROOM NO.192, GROUND FLOOR, BUILDING NO.05, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI.

THE COLLECTOR AND DISTRICT MAGISTRATE, KADAPA,YSR DISTRICT.

THE DEPUTY INSPECTOR GENERAL OF POLICEIII, AP SPECIAL POLICE BATTALIONS, KURNOOL.

THE COMMANDANT, XI BATTALION, AP SPECIAL POLICE, BHAKARAPET, KADAPA. YSR DISTRICT.

K ABDUL KHADER, S/O. K. ABDUL RAHIM, AGE ABOUT 59 YEARS, OCC ADMINISTRATIVE OFFICER, 0/O THE COMMANDANT, XI BATTALION, APSP, BHAKARAPET, YSR KADAPA DISTRICT.

...RESPONDENT(S):

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 toto issue an appropriate Writ, Order or Direction, more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in not considering the petitioner's representation, dated 30-03-2019 to take disciplinary action against 6th respondent who posted a highly objectionable whatsapp

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message against BJP in AP Police Ministerial Staff Association Whatsapp group on 27-03-2019 while Model Code of Conduct was in force, is arbitrary, illegal, unjust and violation of model code of conduct and violation of Article of Constitution of India and consequently direct the respondents to consider the petitioner's representation, dated 3003-2019 to take disciplinary action against 6th respondent by posting a highly objectionable whatsapp message against BJP in AP Police Ministerial Staff Association Whatsapp group on 27-03 2019 while model code of conduct was in force and pass

IA NO: 1 OF 2019

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 respondents to consider the petitioner's representation, dated: 30-03-2019 2019 by taking disciplinary action against 6th respondent who posted a communal and highly objectionable whatsapp message against BJP in AP Police Ministerial Staff Association Whatsapp group on 27-03¬2019 while model code of conduct was in force and pass

Counsel for the Petitioner:

1.PENJURI VENUGOPAL

Counsel for the Respondent(S):

1.GP FOR HOME (AP)

2.GP FOR REVENUE (AP)

The Court made the following:

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

WRIT PETITION No.7304 of 2019

ORDER:

There is no representation for the petitioner, though the matter is posted today under the caption ‘For Dismissal’. Even on earlier occasions, there was no representation on behalf of the petitioner.

Sri R. Mallikarjuna Rao, learned Assistant Government Pleader

for Home representing respondent Nos.1 and 4, is in attendance.

It appears that the petitioner is not interested in prosecuting the

case.

Hence, this Writ Petition is dismissed for non-prosecution. There shall be no order as to costs.

As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed.

______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI

4th December, 2025 cbn

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76

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

WRIT PETITION No.7304 of 2019

4th December, 2025

cbn