MRK,J W.P.No.28985 of 2017 APHC010445392017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 28985/2017 Between: 1. P.YERRAJI RAO,, S/O. LATE.P.SIMHACHALAM, AGED ABOUT 75 YEARS, MIG-1,PIOT NO.25, D.NO.2-13-36, SECTOR-6, M.V.P.COLONY, VISAKHAPATNAM-530 017 ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF SHIPPING, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI - 110 001, 2. VISAKHAPATNAM PORT TRUST, PORT AREA, REPRESENTED BY ITS CHAIRMAN, VISAKHAPATNAM - 530 035, 3. F A C A O, FINANCE DEPARTMENT, VISAKHAPATNAM PORT TRUST, PORT AREA, VISAKHAPATNAM - 530 035 4. SECRETARY, VISAKHAPATNAM PORT TRUST, PORT AREA, VISAKHAPATNAM - 530 035 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue a suitable order, direction or a writ more particularly one in the nature of writ of mandamus declaring the notice issued by the 3rd respondent vide proceedings bearing no.FA/PEN/0B152 dated 15.06.2017 as illegal and arbitrary and set aside the same and consequently direct the 3rd MRK,J W.P.No.28985 of 2017 respondent to pay the revised pension after adding the commuted value along with interest in the interest of justice and equity and pass such other order or orders in the circumstances of the case. Counsel for the Petitioner: 1. SUBRAHMANYA SASTRY MARLA Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA 2. P SRI RAM MRK,J W.P.No.28985 of 2017 The Court made the following ORDER: The instant writ petition, under Article 226 of the Constitution of India, is filed seeking the following main prayer: “…to issue a suitable order, direction or a writ more particularly one in the nature of writ of mandamus declaring the notice issued by the 3rd respondent vide proceedings bearing no.FA/PEN/0B152 dated 15.06.2017 as illegal and arbitrary and set aside the same and consequently direct the 3rd respondent to pay the revised pension after adding the commuted value along with interest in the interest of justice and equity…” 2. The core substratum of the petitioner’s grievance is that the 3rd respondent issued notice vide proceedings No.FA/PEN/OB152/ dated 15.06.2017 whereunder the petitioner was directed to remit back an amount of Rs. 99,159/-, which was paid to the petitioner as excess pension. Being aggrieved by the said proceedings of the 3rd respondent, the instant writ petition is filed. 3. This Court on 29.08.2017 pleased to grant interim suspension as prayed for and the said orders was extended on 12.09.2017. 4. Today, when the matter is taken up for hearing, none represented for the petitioner as well as in the last occasion also i.e., on 20.12.2025. 5. On the other hand, learned Standing Counsel for respondent – Visakhapatnam Port Trust, Sri P.Sri Ram fairly submits that the petitioner – Sri P.Yerraji Rao died on 09.01.2025 and further submits that by virtue of the MRK,J W.P.No.28985 of 2017 interim orders passed by this Court, till today, no amount was recovered from the petitioner consequent to the said notice. 6. In view of the above circumstances and by recording the submissions made by learned Standing Counsel for respondent, the writ petition is closed. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.12.2025 Dvs MRK,J W.P.No.28985 of 2017 144 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.28985 of 2017 Date: 24.12.2025 Dvs