The apex court dismissed a Public Interest Litigation as infructuous due to the petitioner's misuse of court process, awarding costs to the State Legal Services Authority.
Costs assessed at Rs.2,000/- to be paid to the A.P. State Legal Services Authority within a fortnight.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND THIRTEEN
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SEN GUPTA
AND
THE HON'BLE SRI JUSTICE K.C. BHANU
PUBLIC INTEREST LITIGATION No. 411 OF 2013
Between:
Karumanchi Prasanna Kumar
..... Petitioner
AND
The Election Commissioner, A.P. State Election Commission, Budha Bhavan, Hyderabad and others
.....Respondents
The Court made the following :
ORDER: (per the Hon’ble the Chief Justice Sri K.J. Sengupta)
This Public Interest Litigation is filed seeking some
reliefs. Yesterday morning, the matter was mentioned
pleading urgency to take up the matter for hearing and relying upon the statement and submission of the learned lawyer, though this court is hearing the Public Interest Litigation on every Monday, listed this matter for hearing on priority basis assuming that cause in this matter is subsisting today.
Now learned lawyer appearing for the petitioner submits that the matter has become infructuous. So we reasonably understand that the yesterday’s statement was absolutely incorrect and that the litigant has misused the court’s process and also misused the precious time of the court. Under this circumstance, we dismiss the writ petition not only on the ground of the cause becoming infructuous but also on the ground of misuse of the precious time of court. This sort of tendency has to be dealt with stern hands. Therefore, this application is dismissed with costs assessed at Rs.2,000/- (Rupees two thousands) to be paid to the A.P. State Legal Services Authority, within a fortnight from date.
Kalyan Jyoti Sengupta, CJ.
_____________ K.C. Bhanu, J.
September 06, 2013 MAS
Karumanchi Prasanna Kumar
The Election Commissioner, A.P. State Election Commission
Kalyan Jyoti Sengupta
K.C. Bhanu
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
