Disposed

Ch. Krishna Murthy, President the Komarada Garllamudi, v. Rvr Subbaryadu Clerk, The Komarada Garllamudi

Telangana HC16 Jun 2009WA/742/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ appeal by holding that final adjudication of the main writ petition regarding unauthorized termination of service sufficed. It directed the Registry to list the main petition for final hearing on a specific date.

What did the court decide?

Directing the Registry to list the main writ petition for final hearing on 01-7-2009.

Ch. Krishna Murthy, President the Komarada… — Service and Employment | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 742 of 2009

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(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/10/2007 in WP NO : 13335 OF 2007 on the file of the High Court.)

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Between: 1 Ch. Krishna Murthy, President the Komarada Garllamudi, LACS, Komarada Bhimavaram (M), West Godavari District. 2 The Komarada Garllamudi LACS, Komarada rep by its Secretary, Komarada, Bhimavaram(M), West Godavari District. 3 Ch. Krishna Murthy President the Komarada Garllamudi LACS< Komarada Bhimavaram (M), West Godavari District.

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..... APPELLANT

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AND

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1 RVR Subbaryadu Clerk, The Komarada Garllamudi LACS, Komarada S/o

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Padmanabham R/o Komarada Bhimavaram (M), West Godavari District. 2 The Divisional Co-operative Officer, Bhimavaram, West Godavari District. 3 The Komarada Garllamudi LACS, Komarada Rep by its Secretary, Komarada, Bhimavaram (M),

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.....RESPONDENTS

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Counsel for the Appellant: SMT.BOBBA VIJAYALAKSHMI

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Counsel for the Respondents 1 to 3 : GP FOR CO OPERATION

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SHAFATH AHMED KHAN

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(SC FOR WAKF BOARD)

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The Division Bench of this Court made the following : (Judgment follows 2^nd page)

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THE HON'BLE SMT. JUSTICE T.MEENA KUMARI A N D THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT APPEAL NO : 742 of 2009

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J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meenakumari)

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The writ appeal is filed against order dated 26-10-2007 passed in WPMP.No.16702 of 2007 and WVMP.No.1669 of 2007 in WP.No.13335 of 2007 by the learned single Judge, whereby the learned single Judge in the facts and circumstances of the case, while dismissing the vacate stay petition, made the interim order dated 25-6-2007 absolute and directed the Registry to post the main writ petition for final hearing immediately after summer vacation 2008 high up in the list.

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2. The main writ petition is filed seeking a writ of mandamus to declare the action of the third respondent in terminating the petitioner from service vide proceedings dated 23-4-2007 without complying with the orders of first respondent in srial No.1420/2006-B, dated 24-1-2007 as illegal, without jurisdiction and contrary to the AP Co-operative

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Societies Act and the bye-laws of the society and as such liable to be set aside with a consequential direction to the respondents to pay the salaries to the petitioner from October 2005 till date forth with and to pass such other suitable orders.

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3. Having heard the learned counsel for the appellant as well as the learned counsel for the first respondent-writ petitioner and also the learned Government Pleader for Co-operation, it appears that the learned single Judge while disposing of the vacate stay petition directed the Registry to post the main writ petition for final hearing immediately after summer vacation 2008 and as the Registry has not listed the above writ petition, the present writ appeal is filed against order dated 26-10-2007 passed in WPMP.No.16702 of 2007 and WVMP.No.1669 of 2007 in WP.No.13335 of 2007 by the learned single Judge. Under the above circumstances, we deem it appropriate that final adjudication of main writ petition itself would suffice the cause of the appellant as well as the first respondents. We further deem it appropriate to direct the Registry to list WP.No.13335 of 2007 positively on 01-7-2009 on the top of the list under the caption for final hearing.

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5. With the above direction, the writ appeal is disposed of at the stage of admission. No costs.

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JUSTICE T.MEENA KUMARI

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JUSTICE SANJAY KUMAR

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16-6-2009. I s L

Ch. Krishna Murthy, President the Komarada Garllamudi, v. Rvr Subbaryadu Clerk, The Komarada Garllamudi

Case brief

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Ch. Krishna Murthy, President the Komarada Garllamudi, v. Rvr Subbaryadu Clerk, The Komarada Garllamudi

Case brief

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