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2025 DAILYLAW 41794 (AP)

Smt.Y RAJESHWARI v. THE STATE OF ANDHRA PRADESH

WA/1198/2025 · 2025-11-17

A Hari Haranadha Sarma, Battu Devanand

body2025

Judgment text

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1 APHC010603182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 1198/2025 Writ Appeal under clause 15 of the Letters Patent above named appellant beg to present this Memorandum of Writ Appeal, being aggrieved by the order dated 04.11.2025 passed in W.P.No.29540 of 2025 passed by the learned single judge for the following among other grounds Between: 1. SMT.Y RAJESHWARI, W/O Y.KRISTAPPA, AGED ABOUT 53 YEARS, OCC- HOUSEWIFE, R/O H.NO. 28-5-715, LIG-186, A.P.HOUSING BOARD COLONY, ANANTHAPURAM DISTRICT. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT EDUCATIONAL OFFICER, ANANTHAPURAMU. 3. THE SUBTREASURY OFFICER, SUB-TREASURY OFFICE, TADIPATRI. 4. THE DEPUTY DIRECTOR, DISTRICT TREASURY OFFICE, ANANTHAPURAMU. 5. Y KRISTAPPA, S/O KADAPPA, AGED ABOUT 60 YEARS, OCC- RETIRED HEAD MASTER R/O D.NO. 28-5-715, 1ST FLOOR, HOUSING BOARD COLONY, ANANTHAPURAMU. 2 ...RESPONDENT(S): IA NO: 1 OF 2025 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 Dispense with filing of the Certified Copy of the order dated 04-11-2025, in W.P.No. 29540 of 2025, on the file of the Honble High Court, and pass IA NO: 2 OF 2025 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 pleased to grant stay of all further proceedings including the disbursement of the pension and pensionary benefits pertaining to the 5th respondent, pending disposal of the main Writ Appeal, and to pass Counsel for the Appellant: 1. S V INDIRA Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1198 of 2025 JUDGMENT:- (Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the endorsement in the Proceeding Sheet, dated 04.11.2025 in W.P.No.29540 of 2025, wherein the learned Single Judge of this Court directed the Registry to print the name of learned Government Pleader for Higher Education for Respondent No.1 in the cause list and posted the case to 30.12.2025 to enable the learned Government Pleader to file Counter-Affidavit. 2. Learned counsel for the appellant submits that adjournment of the matter to a date as distant as 30.12.2025 without passing any ad-interim order, where a prayer for urgent interim relief was specifically made, constitutes an arbitrary exercise of judicial discretion. The learned counsel contends that such an order results in a denial of justice to the appellant, as the judicial process was effectively stalled for an unconscionable and disproportionate period. Hence, the learned counsel sought to allow the Writ Appeal by directing the learned Single Judge to take up the matter for hearing to consider the interim relief as sought in I.A.No.01 of 2025 in W.P.No.29540 of 2025. 4 3. Learned counsel for the appellant and the learned Government Pleader appearing for respondents could not place correct information before this Court whether at the stage of admission of the Writ Petition, notice was issued to the 5th respondent therein who is the unofficial respondent or not. As and when the unofficial respondent was impleaded as party in the Writ Petition normally Courts will not pass any ad-interim orders without putting the unofficial respondent on notice unless there is any emergency. In view of the same, we are not inclined to look into the present issue at present. 4. Accordingly, the Writ Appeal is dismissed. However, the learned counsel for the appellant can approach the learned Single Judge of this Court and make a mention for early listing of the case. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 18.11.2025 TM 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL No.1198 of 2025 Dated: 18.11.2025 TM