The petitioner challenged proceedings under Article 226 of the Constitution, seeking a writ of Certiorari. The Court observed that the factual allegations and issues were identical to a previous writ petition (No. 12583 of 1994) which was dismissed. Consequently, the Court dismissed the present writ petition without independent analysis of merits.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE J.CHELAMESWAR
WRIT PETITION NO : 17594 of 1994
Between:
S. Ibrahim Basha, son of S. Abdul Kareem Saheb, Aged about 45 years, Warehouse Manager, A.P. State Ware Housing Corporation, Ghatakeswar, Hyderabad.
..... PETITIONER
AND
1. The Chairman, Andhra Pradesh State Ware Housing Corporation, Ware House Sadan, Behind Gandhi Bhavan, Namaplli, Hyderabad.
2. The Managing Director, A.P. State Ware
Housing Corporation, Ware House Sadan,
Behind Gandhi Bhavan, Nampalli, Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue rule nisi calling for the records leading upto and inclusive of the proceedings of the 1st respondent herein dated 18-05-94 bearing SWC/E6/15109/VI/92, and quash the said proceedings of the 1st respondent by issuing an appropriate Writ, order or direction, more particularly one in the nature of Certiorari; and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case.
Counsel for the Petitioner : Mr. A. Prabhakara Sarma
Counsel for the Respondents No.1 and 2: Ms. R. Kameswari
The Court made the following :
ORDER:
The writ petition is filed with the prayer as follows:-
“ For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue rule nisi calling for the records leading up to and inclusive of the proceedings of the 1st respondent herein dated 18-05-1994 bearing SWC/E6/15109/VI/92, and quash the said proceedings of the 1st respondent by issuing an appropriate Writ, order or direction, more particularly one in the nature of Certiorari; and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
The factual allegations and the issue involved in this writ petition are similar to the allegations, and the issue involved in the writ petition No.12583 of 1994, and the said writ petition was dismissed, by an order dated 26-08-2004.
In the circumstances and for the reasons assigned in the above mentioned writ petition, this writ petition is also dismissed. No order as to costs.
J.CHELAMESWAR, J. Dated: 09th June, 2005
bud
Copy to:
1. The Chairman, Andhra Pradesh State Ware Housing Corporation, Ware House Sadan, Behind Gandhi Bhavan, Namaplli, Hyderabad.
2. The Managing Director, A.P. State Ware Housing Corporation, Ware House Sadan, Behind Gandhi Bhavan, Nampalli, Hyderabad.
3. Two C.D. Copies.
(Enclosed the Copy of order dated 26-08-2004 made in W.P.No.12583 of 1994)
2 issues framed by the court
Whether the writ petition seeking to quash proceedings by issuing a writ of Certiorari must be allowed on facts similar to a previously dismissed petition.
Whether this Court should dismiss the petition on the ground of facts being similar to that of W.P. No. 12583 of 1994.
S. Ibrahim Basha
The Chairman, Andhra Pradesh State Ware Housing Corporation
The Managing Director, A.P. State Ware Housing Corporation
J. Chelameswar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
