The High Court of Telangana dismissed the writ petition filed by an RTC driver seeking terminal benefits under Articles 14 and 21 for non-prosecution for want of presentation by counsel and instructions.
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[3167 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE
PRESENT
THE HONOURABLE SRI JUSTICE A. ABHISHEK REODY
WRIT PETITION NO: 33504 OF 2012
Between:
Mohd. Afzal Khan, S/o. Mahboob Khan, Occ: R.T.C Driver, R/o. D No. 16-11-164/35, Wahid Nagar, Old Malakpet, Hyderabad,
...PETITIONER
AND
...RES,ONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring inaction on the part of the respondents in not considering petitioners representation, dated 16-07-201'1 and not releasing petitioners terminal benefits as ar!itrary, illegal, abdication of the statutory duty cast on respondents and violative of the fundamental rights guaranteed to the petitioner under Articles 14 & 21 of the Constitution of lndia, and consequently direct the respondents to release petitioners terminal benefits
l.A. NO: 1 OF 2012(WPMP. NO: 42623 OF 20121
Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation, dated 16-07-2011, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRl. V.R. REDDY KOVVURI (NOT PRESENT)
Counsel for the Respondents: NONE APPEARED
The Court made the following: ORDER
t
TIJE HON'BLE SITI JUSTICE A. ABHISHEK REDDY
WRIT PETITION No. 33504 of 2072
ORI)EI{:
On 27.02.2023. rvhen the present Writ Petition was taken tr pr, thcre was no represc,ntation on behalf of the learned counsel for thc pctitiont,r, as such, the present Writ Petition was directecl kr lre postecl untler tl're caption 'For Orders' on 07.03.2023. ' rcreaftcr, on 09.03.2023, when the present Writ Petition was takcrr u;'r, there was r1o representation on behalf of the leamed corrnst'l f()r the petitioner. I {aving regard to the same, this Court Ir.rs dirt'cttcl Lhc Registrv to list the present Writ Petition on t().01.2()21 urrtler the. captiorl'For Dismissal'. On 16.03.2023, the It'arnecl counsel for thc petitioner has sought time for getting ncc(,ss(lr\r instructiorls. I herefore, the matter was adjourned to 17().1 2023.'l orlav, tlrougl-r the matter appears under the caption 'lor lJismissal', t[-rt're is no rt presentation on behalf of the learned corr lrsel fo r the petitioner
2
Having regard to the above, this Court is of the opiniorr
that the petitioner is not interested to pursue the present Writ Petition.
Accordingly, the present Writ Petition is dismissecl for non-prosecu tion.
Miscellaneous applications, if any pending, shall starrd
closed. Thcrc shall be no order as to costs.
SD/-K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY// SECTIOfuFFIEEF
To, 1. One CC to SRl. V.R. REDDY KOWURI Advocate [OPUC] 2 Two CD Copies CHR SW,, /
HlGH COURT
DATED:2710312023
ORDER
W.P.No.33504 ot 2012
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DISMISSING THE WRIT PETITION FOR NON-PROSECUTION WITHOUT COSTS
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Mohd. Afzal Khan
The A.P.S.R.T.C.
A ABHISHEK REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
