The High Court of Judicature at Hyderabad dismissed a writ petition filed by the petitioner to treat a Section 80 CPC notice as a representation and issue a Writ of Mandamus. The court held that the notice could not be so treated due to disputed facts.
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.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF JUNE
TWO THOUSAND AND FIFTEEN
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.15557 of 2015
BETWEEN
Baditha Ravanamma
... PETITIONER
AND
State of Andhra Pradesh, rep. by its Principal Secretary and others
...RESPONDENTS
The Court made the following:
ORDER:
Heard.
2. Petitioner has already given a notice under Section 80 CPC to the official respondents, vide Ex.P1, dated 25.04.2015. Present writ petition is filed to treat the said notice as representation and issue Mandamus as prayed for.
3. The allegations in the affidavit involve disputed questions of fact and the petitioner has rightly invoked Section 80 CPC and notified the official respondents of proposed action. Hence, the said statutory notice cannot be treated as a representation for the purpose of entertaining the writ petition.
4. Writ petition is, therefore, declined to be entertained and is, accordingly, dismissed. Petitioner, however, is at liberty to pursue the remedies in pursuance of the notice already given by him under Section 80 CPC.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J
June 4, 2015
Lmv
2 issues framed by the court
Whether a statutory notice under Section 80 CPC can be treated as a representation for the purpose of entertaining a writ petition.
Whether the writ petition should be dismissed when it seeks to treat a Section 80 CPC notice as a representation.
1 provisions across 1 enactments
Baditha Ravanamma
State of Andhra Pradesh
VILAS V. AFZULPURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
