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High Court of Andhra Pradesh · body

2025 DAILYLAW 56548 (AP)

Sk. Yousuf Saheb, v. The State of Andhra Pradesh,

WP/39899/2017 · 2025-12-18

Maheswara Rao Kuncheam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010943282017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39899/2017 Between: 1. SK. YOUSUF SAHEB,, S/O. MAHABOOB SAHEB, AGED 58 YEARS, OCC. RETIRED DRIVER OF RTC DEPOT, NELLORE II, R/O. 28-3- 1521, JAKEER HUSSAIN NAGAR, NEW COLONY, NELLORE 524 002, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRL SECRETARY, ROAD TRANSPORT CORP DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATIL GUNTUR DISTRICT. 2. THE ANDHRA PRADESH ROAD TRANSPORT CORPORATION, REP BY ITS MANAGING DIRECTOR / CHAIRMAN, VIJAYAWADA, KRISHNA DISTRICT. 3. THE EXECUTIVE DIRECTOR APSRTC, NELLORE, NELLORE TOWN, SPSR NELLORE DISTRICT. 4. THE DEPOT MANAGER APSRTC, NELLORE -2 DEPORT, NELLORE TOWN, SPSR NELLORE DISTRICT. 5. CIVIL ASSISTANT SURGEON, APSRTC DISPENSARY, VIJAYAWADA, KRISHNA DISTRICT ...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 toto issue a Writ, Order or Direction more particularly in the matter of Writ of Mandamus, declaring the action of the 4th respondent by issuing the Order dt. 2.3.2017 vide No. E1/756(27)/2016-NLR-2 by demanding to repay the settlement amounts from 1.7.2013 to 09.12.2013 of retirement benefits which was paid at the time of retirement of the petitioner i.e., 02.01.2017 basing on the report of the 5th respondent not released the miliement benefits of the petitioner is illegal, arbitrary and against the prindiplec of natural justice and against the violative of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to release the lefirement benefits to the petitioner immediately in the interest of justice IA NO: 1 OF 2017(WPMP 49465 OF 2017 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 release the retirement benefits to the petitioner immediately by considering the petitioner case on sympatric grounds, pending disposal of the main writ petition Counsel for the Petitioner: 1. MD MUJUBYUDDIN Counsel for the Respondent(S): 1. P DURGA PRASAD SC FOR APSRTC 2. The Court made the following ORDER: On 28.11.2025, this Court passed the following order: “None appeared for the petitioner. Post next week under the caption „for dismissal‟. 2. On 12.12.2025, this Court passed the following order: “ Today also, none appeared for the petitioner, in spite of listing under the caption „for dismissal‟. Post next week under the same caption.” 3. Today also, there is no representation for the petitioner as well as respondents, though the matter is listed under the caption “for dismissal”. 4. In the above circumstances, the writ petition is dismissed for non- prosecution. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.12.2025 Dvs THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 36 WRIT PETITION No.39899 of 2017 Date: 19.12.2025 Dvs