SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

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



Advocates:
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.

Table of Content
1. dismissal of a petition as infructuous when the cause of action no longer survives. (Para 1 , 2)

##PAGE1##

1

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

##PAGE2##

2

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:

##PAGE3##

3

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

##PAGE4##

4

2026:APHC:28649

33

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION NO: 26260 of 2008

03.03.2026

ASR

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top