Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(AP) 174

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Arup Kumar Goswami, C. Praveen Kumar, JJ.
P. Srinivasula Reddy, S/o. P.C and ors. – Petitioners
Versus
Hon’ble High Court of Andhra Pradesh, Amaravathi, Guntur District, represented by its Registrar (Judicial) and others - Respondents
W.P. No. 6389 of 2021
Decided On : 27-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.V. Krishnaiah.
For the Respondent: Sri. N. Ashwani Kumar, Standing Counsel.

Point of Law: writ petition of the present nature ought not to be entertained. It may be true that the orders passed in favor of the Petitioners are not being implemented by the authorities, but, at the same time, as stated above, every effort is made by this Court to get the matters disposed of at the earliest.

Headnote:
Constitution of India, 1950 - Article 226 – Jurisdiction – Claim of compensation - Writ Petitioners are seeking a direction to be given to High Court of Andhra Pradesh for posting of contempt cases filed by Petitioners and also to direct 2nd Respondent Chief Secretary to State of Andhra Pradesh to conduct an enquiry with regard to action taken on part of Respondent Nos. 5 and 6 in insisting Writ Petitioners to withdraw contempt cases filed by them - Averments in affidavit filed would show that was filed for not implementing order passed was filed for not implementing Orders passed was filed for not implementing orders passed - Learned Counsel for Petitioners though sought for two reliefs in Writ Petition but pressed for first relief namely a direction to High Court of Andhra Pradesh for posting of contempt cases referred to above before court for their disposal –
Finding of the Court: In context of entertain ability of a writ petition of present nature it will be apposite to state that one had filed a writ petition before Hon’ble Supreme Court of India making Secretary General of Supreme Court as a respondent seeking a direction for listing of his case on ground that his grandmother was in death bed and that matter has to be heard immediately - This application was moved before Hon’ble Supreme Court on November - Allegations were made that Registry failed to list matter before Hon’ble Supreme Court in spite of repeated requests made - Hon’ble Supreme Court vide its order expressed its disinclination to entertain petition at stage of admission itself – Court are of opinion that writ petition of present nature ought not to be entertained - It may be true that orders passed in favor of Petitioners are not being implemented by authorities but at same time as stated above every effort is made by this Court to get matters disposed of at earliest - If writ petitions of this nature are entertained then only such of those cases will be heard where a direction is given for posting of cases - Cause list Board of all Hon’ble Judges would be flooded with cases listed pursuant to such direction - In process cases where there are no such directions and which are equally important will not be listed - For aforesaid reasons and in view of order passed by Hon’ble Apex Court feel that relief claimed by the Petitioners cannot be granted - It is also to be noted here that court are not going to delve into second relief claimed by Petitioners as no arguments are advanced for grant of relief claimed therein - Even otherwise court feel that remedy sought for lies elsewhere but definitely not before a Division Bench of this court –
Result: Writ Petition is dismissed

ORDER :

C. Praveen Kumar, J.

1. Heard Sri. P.V. Krishnaiah, learned Counsel for the Petitioners and perused the record.

2. The present Writ Petition came to be filed seeking the following reliefs:

“… pleased to issue a Writ, Order or Directions, more in the nature of Writ of Mandamus under Article 226 of the Constitution of India:

i. Declaring the action of the 1st Respondent in not listing the Contempt Cases filed by the Petitioners, i.e., (1) C.C. No. 753/2018 in W.P.M.P. No. 54850/2017 in W.P. No.44246/2017, (2) C.C. No 649/2018 in I.A. No. 1/2018 in W.P. No. 1024/2018 and (3) C.C. No. 708/2018 in W.P.M.P. No 54855/2017 in W.P. No. 44251/2017 before the appropriate Bench is nothing but denial of speedy justice to the Petitioners and violating Article 14 of the Constitution of India, as highly arbitrary, illegal, malafide, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and subversive of rule of law;

ii. Declaring the action of the unofficial Respondents, i.e., 5th and 6th Respondents in insisting the Petitioners to withdraw the Contempt Cases filed by the Petitioners, i.e., (1) C.C. No. 753/2018 in W.P.M.P. No. 54850/2017 in W.P. No. 44246/2017, (2) C.C. No. 649/2018 in I.A. No. 1/2018 in W.P. No. 1024/2018 and (3) C.C. No. 708/2018 in W.P.M.P. No. 54855/2017 in W.P. No. 44251/2017, as highly arbitrary, illegal, malafide, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and subversive of rule of law;

and issue consequential directions

(a) Directing the 1st Respondent to forthwith post the Contempt Cases filed by the Petitioners, i.e., (1) C.C. No. 753/2018 in W.P.M.P. No. 54850/2017 in W.P. No. 44246/2017, (2) C.C. No. 649/2018 in I.A. No. 1/2018 in W.P. No. 1024/2018 and (3) C.C. No. 708/2018 in W.P.M.P. No. 54855/2017 in W.P. No. 44251/2017 before the appropriate Bench;

(b) Direct the 2nd Respondent to forthwith conduct enquiry with regard to the action on the part of the unofficial Respondents, i.e., 5th and 6th Respondents in insisting the Petitioners to withdraw the Contempt Cases, i.e., (1) C.C. No. 753/2018 in W.P.M.P. No. 54850/2017 in W.P. No. 44246/2017, (2) C.C. No. 649/2018 in I.A. No. 1/2018 in W.P. No. 1024/2018 and (3) C.C. No. 708/2018 in W.P.M.P. No. 54855/2017 in W.P. No. 44251/2017 filed by the Petitioners which are pending before the Honble High Court of Andhra Pradesh at Amaravathi, and take appropriate further action based on the enquiry report;

or alternatively

The Honourable High Court may be pleased to appoint any independent authority including any Judicial Officer to conduct enquiry with regard to insisting the Petitioners to withdraw the Contempt Cases, (1) C.C. No. 753/2018 in W.P.M.P. No. 54850/2017 in W.P. No. 44246/2017, (2) C.C. No. 649/2018 in I.A. No. 1/2018 in W.P. No. 1024/2018 and (3) C.C. No. 708/2018 in W.P.M.P. No. 54855/2017 in W.P. No. 44251/2017 filed by the Petitioners which are pending before the Honourable High Court of Andhra Pradesh at Amaravathi, and take appropriate action;

And pass such other order or orders as are deemed fit and proper in the facts and circumstances of the case”.

3. As seen from the prayers made, the Writ Petitioners are seeking a direction, to be given to the High Court of Andhra Pradesh at Amaravathi for posting of contempt cases filed by the Petitioners and also to direct the 2nd Respondent i.e., Chief Secretary to State of Andhra Pradesh to conduct an enquiry with regard to the action taken on the part of Respondent Nos. 5 and 6 in insisting the Writ Petitioners to withdraw the contempt cases filed by them.

4. The averments in the affidavit filed would show that, C.C. No. 753 of 2018 was filed for not implementing the order passed in W.P.M.P. No. 54850 of 2017 in W.P. No. 44246 of 2017; C.C. No. 649 of 2018 was filed for not implementing the Orders passed in I.A. No. 1 of 2018 in W.P. No. 1024 of 2018; and C.C. No. 708 of 2018 was filed for not implementing the orders passed in W.P.M.P. No. 54855 of 201

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