Dismissed

P Mallaiah v. The State of Telangana

Telangana HC23 Nov 2023WP(TR)/6156/2017

Case brief

AI extract

What is this about?

The High Court dismissed four writ petitions filed by government employees challenging a Memo No. 117281243 regarding HRA eligibility. The petitions, covering Article 226 and interim order vacancies, were dismissed for non-prosecution after counsel from both sides were absent.

What did the court decide?

The writ petitions and miscellaneous applications were dismissed for non-prosecution without costs.

P Mallaiah Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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[³³⁸³ ]

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENTY^{THIRDDAYOF NOVEIMBER} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{LAXMI NARAYANA ALISHETTY} WRIT PETITION^(TR) NOs: 6155 .6156.^{6157 and 6158OF 2017}

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WRIT PETITION TR) NO:6155OF 2017

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Between:

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P Raieshwar Reddv. S/o. Veera Reddv aqed^{about 57 years, Occ Addl' Public} Retaiions Officer 070. Addl. PRO, I arid^{PR Dept.,Mancherial-Sg4208. Rl/o.the} Mancherial Town-504 208, Adilabad^Dist.

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...PETITIONER

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AND

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The State of Telangana, rep.^{by its Principal Secretary, Financd (HRM-|V),} Department, Secretariat, Hyderabad-22^-

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The Director of Treasuries,^{State of Telangana, Hyderabad,}

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The District Collector,^{Adilabad - 504 001' AdilabadDist.,}

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The District Treasury Officer,^{Adilabad -504001.,}

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The Asst. Treasury Officer,^{Mancherial504 208, AdilabadDist.}

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The Addl. Public Relation^{Officer, Mancherial-504208 Adilabad District'}

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...RESPONDENTS

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Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleased} to issue a writ, Direction or an^{order more particularly one in the natureof writ of} Mandamus to call for the^{records relating to the impugned Govt. Memo' No'} 117291243lAltHRM.lV/2015, Finance^{(HRM-IV) Department,dated'16-12-2015and} quash or set-aside the same as being illegal,^{arbitrary, unjustand violative of} Articles 14, 16 and 21 of the constitution^{and also contraryto the earlierJudgment} rendered by the Honble^{Tribunaland consequentlydeclare that the applicant is}

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entitled to be treated as eligible to draw H.R.A. at as^{20o/oof basic pay on the} strength of the Notifications issued by the District^{Collector,Adilabadin Memo.No.} D5/19/1995, dated 3-4-1995 and also in Proc.No.^{A3114612013,dated16-3-2013} as per Judgment ofthe Honble Tribunal in O.A.No. 1205 of^{2005and batch dated} 27 -4-2005 with all consequential benefits.

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lA NO: 1 OF 2021

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Between:

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1 . The State of Telangana, rep. by its Principal Secretary, Finance^(HRM-|V), Department, Secretariat, Hyderabad-22.

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The Director of Treasuries, State of Telangana, Hyderabad,

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The District Tieasury Officer, Adilabad -504001^.,

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The Asst. Treasury Officer, Mancherial 504 208, Adilabad Dist.

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...PETITIONERYRESPONDENTS

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AND

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1 P.Rajeshwar Reddy, S/o. Veera Reddy aged about 57^years, Occ Addl. Public Relations Officer 0/0. Addl. PRO, I and PR Dept., Mancherial-SO4 208. R/o.the lVlancherial Town-504 208, Adilabad Dist.

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...RESPONDENTS/PETITIONERS

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The District Collector, Adilabad - 504 001, Adilabad Dist.,

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The Addl. Public Relation Officer, Mancherial-504 208 Adilabad Diskict.

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...RESPONDENTS/RESPONDENTS

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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 vacate the interim order Dated 181072016 in W.P(TR).No.6155 of 2017^(O.A.No.2746 of 2016).

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WRIT PETITION^(T R) NO: 6156 OF 2017

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Between:

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P Mallaiah, Sio. P. Rajaiah aged about 43 years, Occ Sr. Assistant O/o. the Divisional Forest Officer, Mancherial Adilabad Dist.

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Chilukuri Sunil, S/o. Ganganna aged about 40^years, Occ Jr. Assistant O/o. the Divisonal Forest Officer, Mancherial Adilabad Dist.

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Ramakrishna Sarkar, S/o.Hiralal Sarkar aged about 32 years, Occ Jr. Assistant O/o. the Divisional Forest Officer, [Vlancherial Adilabad Dist.

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...PETITIONERS

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AND

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't. The State of Telangana, rep. by its Principal Secretary, Finance^(HRM-|V)' Department,^{Secretariat, Hyderabad-22.}

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The Director^{of Treasuries, State of Telangana,Hyderabad,}

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The District^{Collector, Adilabad - 504 001, AdilabadDist.,}

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The District Treasury^{Officer, Adilabad - 504001.'}

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The Asst. Treasury^{Officer, Mancherial-504 208,AdilabadDist.}

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The Divisional^{Foresl Officer Mancherial-504 208, AdilabadDist.}

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The Forest Range^{Officer Mancherial -504 208,AdilabadDist.,}

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Petition under^{Article 226 ot the constitutionof lndia praying that in the} circumstances^{stated in the affidavit filedtherewith, the High court may be pleased} to issue a Writ,^{Directionor an Order moreparticularly one in the natureof Writ of} Mandamus to call^{for the records relating to the impugned Govt Memo No'} 11728t243tA1lHRM.lV/20'15,^{Finance (HRM-IV) Department, dated 16-12-2015} and^quash or set-aside^{the same as being illegal, arbitrary, unjust and violative of} Articles 14, 16 and^{21 of the constitution and also contraryto the earlier Judgment} rendered by the Honble^{Tribunal andconsequently declarethat the applicant is} entifled to be treated^{as eligibleto draw H.R.A. at as 2Oo/o of basicpay on the} slrength of the Notifications^{issued by the Districtcollector, Adilabad in Memo.No.} D5/.19/1995, dated^{3-4-1995 and also in Proc.No.A31146120,,3,dated 16-3-2013 as} per Judgment of the Honble^{Tribunalin o.A.No.1205 ot2005and batch daled 27-} 4-2005 with all consequential^benefits.

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lA NO: 1 OF 1

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Between:

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The State of Telangana,^{rep. by its Principal Secretary, Finance (HRM-|V),} Department, Secretariat,^{Hyderabad-22-}

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The Director^{of Treasuries, State of Telangana, Hyderabad,}

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The District^{Treasury Officer, Adilabad - 504001.,}

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The Asst. Treasury^{Officer, Mancherial-504208, AdilabadDist'}

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...PETITIONERS/RESPONDENTS

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AND

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1 P tVallaiah. S/o. P. Raiaiah^{agedabout 43 years, Occ Sr. AssistantO/o' the} Divisional Forest Officer,^{MandherialAdilabadDist.}

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Chilukuri Sunil, S/o. Ganganna aged about 40 years, Occ Jr. Assistant O/o. the Divisonal Forest Officer, Mancherial Adilabaci Dist.

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Ramakrishna Sarkar, S/o.Hiralal Sarkar aged about 32 years, Occ Jr. Assistant O/o. the Divisional Forest Officer, Mancherial Adilabad Dist.

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...RESPON DENTS/PETITIONERS

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The District Collector, Adilabad - 504 001, Adilabad Dist.,

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The Divisional Forest Officer Mancherial-SO4 208, Adilabad Dist.

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The Forest Range Officer Mancherial -504 208, Adilabad Dist.,

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...RESPONDENTS/RESPONDENTS

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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 vacate the interim order Dated: 15.07.2016 in W.P(TR).No.6156 of 2017 (0.A.No.2780 of 2oth).

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WRIT PETITION^(TR) NO: 6157 oF 2017

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Between:

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A Srinivas, S/o. A. Srihari aged about 54 years, Occ Executive Engineer O/o. the Executive Engineer (TDWSP) Mancherial-S04 203, Adilabad Diat.

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M. Sruthi, D/o, M. Rgiu a_ged about 23 years, Occ Asst. Engineer O/o. the Executive Engineer (TDWSP) Divison Mahcherial-504 203, Adil-abad Dist.

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...PETITIONERS

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AND

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1 The State of Telangana, r.gp..by its Principal Secretary, Finance (HRM-IV), Department, Secretariat, Hydeiabad-22.

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2 The Director of Treasuries, State of Telangana, Hyderabad.

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3 The Dist. Collector, Adilabad-SO4 001. Adilabad Dist.

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4 The District Treasury Officer, Adilabad - 504001.,

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5 The Asst. Treasury Ofilcer, Mancherial- 504 205, Adilabad Dist.

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6 The Executive Engineer (TDWSP) Mancherial-504 205, Aditabad Dist. 7 The Executive Engineer,(TDWSP) Division, Mancherial-504205, Adilabad Dist.

...RESPONDENTS

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of Writ of Mandamus to caI for t[g-records^{relating to the impugned Govt.Memo.} /^ -,o\Y No.1172812431A1/HRM.l!&O{+^{Finance (HRM-IV)Department,dated 16-12-} 2015 and^quash or selaside the same as being^{illegal, arbitrary, unjustand} violative of Articles 14,^'1 6 and 21 ol the Constitution^{and also contrary to the} earlier Judgment rendered by the^{Honble Tribunaland consequently declare that} the applicant is entitled to be treated^{as eligible to draw H.R.A. at as 20o/oof basic} pay on the strength of the Notifications issued by the District Collector,^Adilabad in Memo. No. D5/19/1995, dated 3-4-19S5^{and also in Proc.No.A3114612013'} dated 16-3-2013 as^per Judgment of t6e-Honble^{Tribunalin O A.No.1205 of2005} and batch dated 27:4-2005 with all^{consequentialbenefits.}

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lA NO: 1 OF 2021

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Between:

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The State of Telangana, rep. by its Principal^{Secretary, Finance (HRM-|V)'} Department, Secretariat, Hyderabad-22.

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The Director of Treasuries, State of Telangana,^Hyderabad,

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The District Treasury Officer, Adilabad^{- 504001.,}

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The Asst. Treasury Officer, Mancherial- 504^{205, AdilabadDist.}

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...PETITIONERS/RESPONDENTS

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AND

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A Srinivas, S/o. A. Srihari aged about 54^{years, Occ ExecutiveElgineer O/o.} the Executive Engineer^(TDWSP) Mancherial-504^{203, AdilabadDist.}

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M. Sruthi, D/o. M. Raju aged about^{23 years, Occ Asst. Engineer-O/o the} Executive Engineer (TDWSP) Divison Mahcherial-504^{203,AdilabadDist.}

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...RESPONDENTS/PETITIONERS

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The District Collector, Adilabad^- 504^{001, AdilabadDist.,}

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The Executive Engineer,^{(TDWSP) Mancherial-504205,AdilabadDist.}

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The Executive Engineer,^{(TDWSP) Division, Mancherial-504205, Adilabad} Dist.

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...RESPONDENTS/RESPONDENTS

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Petition under Section 151 CPC^{praying that in the circumstances stated in} the affidavit filed in support^{of the petition, the High Court maybe pleased to} vacate the interim order dated^{1510712016 in W.P.(TR).No.6157 OF 2017} (o.A.NO. 27s1 OF 2016 ).

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WRIT PETITION fiR ) NO: 6158 OF 2017

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Between:

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'1 . Gandham E Jayakar, S/o. G.E. James, aged about 49 years, Occ Assistant Technical Officer O/o. the Executive Engineer (RandB) DiviS/on Mancherial, Adilabad Dist.

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T. Yellaiah, S/o. lndur, aged about 41 yearc, Occ : Office Sub-ordinate O/o. the Executive Engineer (RandB) DiviS/on Mancherial, Adilabad Dist.

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G. Kishore, S/o.Rajalingu, aged about 22 yearc, Occ:Office Subordinate O/o. the D.E.E. Roads and Building, Sub-Division Mancherial, Adilabad Dist

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...PETITIONERS

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AND

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The State of Telangana, rep. by its Principal Secretary, Finance (HRM-|V), Department, Secretariat, Hyderabad

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2 The Director of Treasuries, State of Telangana, Hyderabad,

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3 The District Collector, Adilabad - 504 001, Adilabad Dist.,

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4 The District Treasury Officer, Adilabad,

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5 The Asst. Treasury Officer, Mancherial, Adilabad Dist.,

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6 The Executive Engineer (R&B) Division Mancherial, Adilabad Dist.

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7 The Dy. Executive Engineer, Roads and Building, Sub-Division Mancherial504 208, Adilabad Dist.

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...RESPONDENTS

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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 a Writ, Direction or an Order more particularly one in the nature of Writ of Mandamus to call for the records relating to the impugned Govt. Memo. No. 117281243/A1/HRM.lV/2015, Finance (HRM-|V) Department, dated 16-122015 and quash or set-aside the same as being illegal, arbitrary, unjutice and yiolative of Articles 14, 16 and 21 of the Constitution and also contrary to the earlier Judgmelt rendered by the Honble Tribunal and consequently declare the appticanB06#-titted to be treated as eligible to draw H.R.A. at as 2O%o of basic pay on the strength of the Notifications issued by the Didtrict Collectrjr, Adilabad in Memo.No. D5i19l1995, dated 3-4-'1995 and also in Proc.No. A3/146/201, dated 16-3-2013 as per Judgment of the Honble Tribunal in O.A.No.^.tZ6S ot 2015 and batch dated 27 -4-2OOS with all consequential benefits

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IANO:1O^{F 2021}

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Between:

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'1 . The State of Tetangana, rep. by its Principal Secretary, Finance (HRM-|V), Department,^{Secretariat,Hyderabad}

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The Director^{of Treasuries, State of Telangana,Hyderabad,}

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The District^{Treasury Officer, Adilabad,}

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The Asst.^{Treasury Officer, Mancherial, AdilabadDist.}

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...PETITIONERS/RESPONDENTS

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AND

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1 Gandham E Jayakar,^{S/o. G.E. James, ageda[out49 yqa1s,Ocg. Assistant} iechnical Offic6r O/o.^{the Executive Engineer(RandB) DiviS/on Mancherial,} Adilabad Dist.

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2 T. Yellaiah, S/o.^{lndur, aged about 41 years'Occ: Office Sub-ordinateO/o.} the Executive^{Engineer (RandB) DiviS/on Mancherial, AdilabadDist.}

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G. Kishore, S/o.Raialingu,^{aged about 22 years,Occ: Office Subordinate O/o.} the D.E.E. Roads^{dnd Building, Sub-Division Mancherial, Adilabad Dist}

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...RESPONDENTS/PETITIONERS

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4 The District Collector,^{Adilabad - 50400'1, Adilabad Dist.'}

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The Executive^{Engineer{R&B)Division Mancherial, AdilabadDist.}

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6 The Dy. Executive^{Engineer,Roadsand Building, Sub-Divisionf\ilancherial-} 5O42O8. Adilabad^Dist.

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...RESPONDENTS/RESPONDENTS

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Petition under section^{151CPC praying that in the circumstances stated in} the affidavit^{fited in support of the petition, the High courtmaybe pleased to} vacate the^{interimorderdated15to712o16in W.P(TR) No 6158of 2017 (O.ANo} 2796 of 2016).

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Counsel for^{the Petitioner in all W.Pi: SRIG.RAMA RAO}

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Counsel for^{the Respondents in all W.Ps : GP FORSERVICESI}

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The Court made^{the following:COMMON ORDER}

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llt

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HOII,BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

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WRIT PETITION lTRl Nos.6155, 6L56, 6157 of 2OL7

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and 6158 of2Ot7

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COMMON ORDER:

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Wlren the rrr.rtterrvas taken up for hearing on 16.11.2023,

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there u'as no representation on l.lehalf of the^{petitioners.To give one} more opportunity, iire matter was irosted to 23.11 .2023 under the caption "for dismir:.tal".

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Today also, i-here is no representation on behalf of the petitionei:s, thougir. the rnatter is listed under the ca-ption "for dismissai" in the rnorling as rvell as at 2.30 pt[. It appears that the petitioners. zrre not iuterested in^prosecute the case.

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Accorclingly, these writ petitions are dismissed for

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non -prosecution. lio order as to ccsts.

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Pending miscellaneor-rs applications, if any, shall stand

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closed.

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SD/- K.SREERAMA^MURTHY ASSISTANT^REGISTRAR

//TRUE COPY//

SECTION^OFFICER

To, 1. One CC^{to SRIG.RAMARAq, gvog?.tqtqPU.CJ} i. i;; 66i-t" eplon^{SEnvrieSr, Hignbourt fbr the Stateof Telansana at} Hyderabad. [OUT]

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Two CD^CoPies. BSK

HIGH COURT

DATED:2311112O23

COMMON ORDER

WP(TR) Nos.6155,6156,6157 and 6158 oI 2017

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DISMISSING THE WRIT PETITIONS FOR NON.PROSECUTION WITHOUT COSTS

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P Mallaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P Mallaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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