Dismissed

B. Ramulamma v. The State of Andhra Pradesh

Telangana HC2 Jul 2013WA/1052/2013

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed a writ appeal challenging a Single Judge's order for lack of alternative remedy. The bench held that petitioners cannot bypass statutory remedies when effectively available, even when alleging natural justice violations. Liberty to avail statutory remedy granted.

What did the court decide?

The writ appeal dismissed with liberty to avail statutory remedy. Miscellaneous applications disposed of as infructuous.

B. Ramulamma Vs The State of Andhra Pradesh — Service and Employment | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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TUESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND THIRTEEN PRESENT

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THE HON'BLE MR JUSTICE N.V. RAMANA AND

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THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

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WAMP.No.19 of 2013

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& WRIT APPEAL No.1052 of 2013

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BETWEEN

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B. Ramulamma and others.

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…APPELLANTS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad and others.

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…RESPONDENTS

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Counsel for the Appellants: MR. P. BADRINATH

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following:

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JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana)

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WAMP.No.19 of 2013:

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Having heard the learned counsel for the appellants and having perused the affidavit filed in support of this petition, showing sufficient cause for condonation of delay, the delay of 155 days is condoned.

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WA.No.1052 of 2013:

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2. This writ appeal is directed against the order passed by the learned single Judge in WP.No.2390 of 2012 dated 02.02.2012.

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3. Learned single Judge dismissed the writ petition, under the impugned order, on the ground that the petitioners have not availed the alternative remedy under the statute.

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4. Learned counsel for appellants herein submits that the learned single Judge ought not to have dismissed the writ petition on the ground of alternative remedy of appeal where the challenge is made against the violation of principles of natural justice.

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5. We are unable to agree with the said contention of the learned counsel for the appellants, as the learned single Judge rightly observed the when an effective alternative remedy is provided under the statue the petitioners cannot bypass such remedy.

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The writ appeal is accordingly dismissed with liberty to the appellants to avail the statutory remedy. The miscellaneous applications, if any, shall stand disposed of as infructuous. There shall be no order as to costs.

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_____________ N. V. RAMANA, J

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_____________________ VILAS V. AFZULPURKAR, J

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July 2, 2013 DSK

B. Ramulamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B. Ramulamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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