Dismissed

Y. Balaswamy, v. Government of Andhra Pradesh

Telangana HC12 Jul 2013WP/14824/2013

Case brief

AI extract

What is this about?

A common order dismissing 54 writ petitions filed against the Government of Andhra Pradesh for not implementing specific instructions regarding Rural Services Delivery Point and Common Service Centers. The court held the petitions infructuous after the Government issued a new order superseding the impugned guidelines and granted liberty to challenge the new order separately.

What did the court decide?

All writ petitions dismissed as infructuous; liberty granted to challenge the new Government Order subsequently issued by the respondents.

Y. Balaswamy, Vs Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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Writ Petition No.27988 of 2011 & Batch

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(Total 54 Writ Petitions)

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DATED: 12..07..2013

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Writ Petition No.27988 of 2011

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Between:

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KGVS Kumar, Anakapalle, Visakhapatnam district.

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… Petitioner And

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The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Information Technology, Secretariat, Hyderabad & Others

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Respondents

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THE HON’BLE SRI JUSTICE SRI N.V. RAMANA

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and

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.27988, 28539, 29173 & 26744 of 2011; W.P.Nos.13832, 18985, 25845, 27131, 27279, 29333, 30640, 31209, 32137, 32148, 32157, 32159, 33051, 33276, 36791 & 40365 of 2012; and W.P.Nos.2772, 4105, 5119, 5121, 5245, 5480, 5509, 5523, 5535, 5541, 5719, 5754, 5925, 6485, 6937, 7014, 7305, 7325, 8579, 9252, 9687, 9889, 9922, 11136, 11137, 11348, 12063, 12993, 13654, 13656, 14437, 14750, 14824 & 15190 of 2013

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(Total 54 writ petitions) COMMON ORDER: (Per the Hon’ble Sri Justice Sri N.V. Ramana)

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These writ petitions are filed questioning the action of the official Respondents in not implementing their own proceedings vide Lr.No.9000/ EDS/RESEVA1/2011-12, dt. 02.06.2011, Lr.No.789/EDS/RESEVA1/ 2012, dt. 18.04.2012, and another Lr.No.749/EDS/RESEVA1/2010, dt. 16.07.2010, as illegal, arbitrary and contrary to the guidelines issued in G.O.Ms.No.4, IT & C, Department, dated 04.03.2006, and also against the Master Service Agreement, and seeking for a consequential direction to the official respondents not to grant revenue and electrical services etc., to the other persons, where the petitioners are running their RSDP (Rural Services Delivery Point) Centers and other Common Service Centers (CSCs).

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2. However, at the time of hearing, it is fairly brought to the notice of the Court that while all these writ petitions are pending and the interim orders therein granted by this Court are subsisting, the Government itself took a decision, superceding the existing instructions and guidelines, by issuing G.O.Ms.No.45, Information Technology & Communications (Infra) Department, dated 09.10.2012.

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3. In view of the above decision of the Government superceding the impugned proceedings challenged in this batch of writ petitions, the subject matter of these writ petitions has

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become infructuous and there is nothing further to be adjudicated in all these matters. Therefore, all these writ petitions are liable to be dismissed as having become infructuous.

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4. At this stage, however, some of the learned counsel appearing for the petitioners sought liberty to challenge the subsequent new G.O., which was issued by the Government.

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5. In view of the above, all these writ petitions are dismissed, giving liberty to the petitioners to challenge the new Government Order or other proceedings, in accordance with law, if they are aggrieved and so advised. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.

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______________ N.V. RAMANA, J

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______________________ VILAS V. AFZULPURKAR,J

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Dt. 12..07.2013 Kv

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THE HON’BLE SRI JUSTICE SRI N.V. RAMANA and

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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W.P.Nos.27988, 28539, 29173 & 26744 of 2011; W.P.Nos.13832, 18985, 25845, 27131, 27279, 29333, 30640, 31209, 32137, 32148, 32157, 32159, 33051, 33276, 36791 & 40365 of 2012; and W.P.Nos.2772, 4105, 5119, 5121, 5245, 5480, 5509, 5523, 5535, 5541, 5719, 5754, 5925, 6485, 6937, 7014, 7305, 7325, 8579, 9252, 9687, 9889, 9922, 11136, 11137, 11348, 12063, 12993, 13654, 13656, 14437, 14750, 14824 & 15190 of 2013 (Total 54 writ petitions)

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(COMMON ORDER of the Division Bench delivered by the Hon’ble Sri Justice Sri N.V. Ramana)

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12..07..2013

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Y. Balaswamy, v. Government of Andhra Pradesh

Case brief

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Y. Balaswamy, v. Government of Andhra Pradesh

Case brief

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