The petitioner challenged a Memo requesting remarks on shifting a Sub-Treasury office. The Court held the Writ Petition premature as no decision to shift had been taken, dismissing it as wholly misconceived.
Writ Petition dismissed as premature and wholly misconceived; attached application disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.4867 of 2013
Date : 18-3-2013
Between: K. Pulla Reddy .. Petitioner And The State of A.P., Represented by its Principal Secretary, Finance (Admn.) Department, Secretariat, Hyderabad and others .. Respondents
Counsel for petitioner : Sri K. Gani Reddy Counsel for respondents : None appeared
The Court made the following:
ORDER:
Having regard to the nature of the dispute, the Writ Petition itself is taken up for hearing and disposal at the interlocutory stage.
The petitioner who claims to be a businessman of Rayavaram village, East Godavari District filed this Writ Petition feeling aggrieved by Memo No.26200A/293/A.I/2012, dated 13-10-2012 of respondent No.2. A perusal of the said Memo shows that on the representation of the M.L.A. of Anaparthy, respondent No.2 has requested the Director, Treasuries & Accounts, A.P., Hyderabad, to submit detailed remarks for shifting of the Sub-Treasury office from Rayavaram to Anaparthy.
In my opinion, the impugned Memo has not in any manner affected the right, if any of the petitioner. Unless a decision for shifting of the Sub-Treasury office has been taken by the competent authority, the cause for approaching this Court by invoking its jurisdiction under Article 226 of the Constitution of India would not arise. Therefore, this Writ Petition is premature and consequently wholly misconceived.
The Writ Petition is accordingly dismissed.
As a sequel, WPMP No.6090/2013 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy
Date : 18-3-2013
AM
2 issues framed by the court
Whether a Writ Petition challenging a Memo requesting remarks on shifting a Sub-Treasury office is maintainable when the shifting decision has not been taken.
Whether the impugned Memo affects the petitioner's rights to invoke the jurisdiction of this Court under Article 226.
1 provisions across 1 enactments
K. Pulla Reddy
State of A.P.
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
