APHC010185252024 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N BETWEEN: Kovelamudi Hymavathi @ Vanajakshi, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. G.N.UMA RANI (STANDING COUNSEL FOR AMC) 3. GP FOR AGRICULTURE 4. GP FOR COMMERCIAL TAX 5. Gangisetty Rajeswara rao,Standing Counsel For Agricultural Marketing Committees 6. O M R LAW FIRM The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 9354/2024 Kovelamudi Hymavathi @ Vanajakshi, ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner: VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent(S): GP FOR REVENUE RANI (STANDING COUNSEL FOR AMC) GP FOR AGRICULTURE GP FOR COMMERCIAL TAX Gangisetty Rajeswara rao,Standing Counsel For Agricultural Marketing Committees O M R LAW FIRM The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ...Petitioner ...Respondent(s) Gangisetty Rajeswara rao,Standing Counsel For Agricultural 2 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: ….pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondent Nos.2 to 7 to take action against the Respondent Nos.8 to 10 vide A.P. (Agricultural Produce and Livestock) markets Act, 1966 and A.P. VAT/GST Act within a time bound programme declaring their inaction as violative of Article 14 of the Constitution of India besides being in violation of A.P. (Agricultural Produce and Livestock) Markets Act, 1966 and A.P.VAT/GST Act and pass such other orders….. 2. Ms. K. Nagini, Learned counsel represented on 21.01.2025 and submitted that the sole writ petitioner died and requested some more time to take steps to bring legal representative of the petitioner on record. 3. As seen from the prayer, the Writ Petition is filed to take action against respondent Nos. 8 to 10 as per the A.P. (Agricultural Produce and Livestock) Markets Act, 1966, which is a personal cause of action jus in personam not jus in rem. When cause of action dies with person (deceased) on the principle of “actio personalis moritur cum persona” i.e. personal action dies 3 with the person. The grievance or cause in writ petition is not taking action against the representation, which is a personal cause of action dies with petitioner (deceased). 4. Therefore, the Writ Petition is dismissed as abated. If at all the legal heirs aggrieved they are at liberty to file a fresh Writ Petition. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 11.02.2025 Harin 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 150 W.P.No. 9354 OF 2024 Date: 11-02-2025 Harin