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2026 Supreme(Online)(AP) 10555
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Maheswara Rao Kuncheam, J
V.NAGA RAJU SRIKAKULAM DIST. – Appellant
Versus
HIRAMANDALAM P.A.C.S. LTD. SRIKAKULAM DIST. & 2 OTHERS – Respondent
WRIT PETITION NO: 26260/2008
For the Appellants/Petitioners: S Siva Prasad
For the Respondents: GP FOR COOPERATION (AP)
A writ petition is dismissed as infructuous when the petitioner's counsel submits that the cause of action no longer survives due to subsequent events.
Headnote:The petitioner approached the court under Article 226 of the Constitution of India challenging a dismissal order dated 31.10.2008, contending that the termination from service was illegal, arbitrary, and contrary to Rule 72 of APCS Rules 1964 and relevant special byelaws. The petitioner sought a writ of mandamus for reinstatement with all consequential benefits. The primary issue was whether the dismissal order was legally sustainable. However, the court did not examine the merits of the case as the counsel for the petitioner submitted that due to subsequent events, the cause of action in the writ petition no longer survived for further adjudication. the Writ Petition is dismissed as infructuous.
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| 1. dismissal of a petition as infructuous when the cause of action no longer survives. (Para 1 , 2) |
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2026:APHC:28649
APHC010507112008
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3504]
(Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 26260/2008
Between:
1. V .NAGA RAJU, SRIKAKULAM DIST., S/O.BALA RAMA RAJU
HIRAMANDALAM POST AND MANDAL, SRIKAKULAM DISTRICT.
...PETITIONER
AND
1. H IRAMANDALAM P A C S LTD SRIKAKULAM DIST 2 OTHERS,
HIRAMANDALAM POST AND MANDAL, SRIKAKULAM DISTRICT,
REP. BY ITS PRESIDENT.
2. T HE DIVISIONAL COOPERATIVE OFFICER, TEKKALI, TEKKALI
(POST AND MANDAL), SRIKAKULAM DISTRICT.
3. T HE DISTRICT COOPERATIVE OFFICER, SRIKAKULAM,
GUJARATHIPETA, SRIKAKULAM 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 an appropriate writ or order or direction more particularly
one in the nature of Writ of Mandamus declaring the order of the 1st
respondent dated 31.10.2008 dismissing the petitioner from the service of the
1st respondent society as illegal, arbitrary and contrary to the Rules 72 of
APCS Rules 1964 and special byelaws issued by the Commissioner &
Registrar of Cooperative Societies and consequently direct the respondents to
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2026:APHC:28649
reinstate the petitioner into service with all consequential benefits and pass
such other order or orders.
IA NO: 1 OF 2008(WPMP 34385 OF 2008
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
suspend the orders of 1st respondent dated 31.10.2008 dismissing the
petitioner from service of the 1st respondent as Secretary, pending disposal of
the above writ petition and pass such other order or orders.
Counsel for the Petitioner:
1. S SIVA PRASAD
Counsel for the Respondent(S):
1. GP FOR COOPERATION (AP)
The Court made the following:
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2026:APHC:28649
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 26260 of 2008
ORDER:-
When the matter is taken up for hearing, Sri S.Siva Prasad, learned
counsel for the petitioner, submits that in view of subsequent events taken
place in the lis, the cause in the writ petition does not survive for further
adjudication.
2. Recording the said submission, the Writ Petition is dismissed as
infructuous. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, pending if any, shall
stand closed.
____________________________________
JUSTICE MAHESWARA RAO KUNCHEAM
Date: 03.03.2026
ASR
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2026:APHC:28649
33
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 26260 of 2008
03.03.2026
ASR
