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2026 Supreme(Online)(AP) 13144

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Nyapathy Vijay, J
CHAITANYA DEGREE AND PG COLLEGE FOR WOMEN – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WRIT PETITION NO: 1428/2023



Advocates:
For the Appellants/Petitioners: Vijay Mathukumilli
For the Respondents:GP For Finance Planning, Addl Advocate General

A writ petition is dismissed as infructuous when the petitioner concedes that the cause of action no longer survives due to subsequent developments.

Headnote:The petitioner sought a Writ of Mandamus under Article 226 of the Constitution of India and GO Ms No. 115, Social Welfare Department, regarding the non-release of admitted dues amounting to Rs. 89,22,283/- under the Reimbursement of Tuition Fee (RTF) scheme for the academic years 2017-18 to 2020-21. The court noted the petitioner's submission that the cause of action no longer survives due to subsequent developments. The primary issue was whether the respondents' failure to release the admitted reimbursement amount was arbitrary and illegal. The court did not adjudicate on the merits of the claim as the petitioner's counsel submitted that the matter had become infructuous. The Writ Petition is dismissed as infructuous with liberty to pursue the legal remedies as and when occasion arises.

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 topleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the admitted due amounts to the Petitioner institution towards reimbursement of the expenditure incurred by them under the .Reimbursement of Tuition Fee (RTF) scheme. for the academic year 2017-18 to 2020-21 for obvious reasons as being arbitrary, illegal and violating Articles 14, 16, 19 and 21 of the Constitution of India and also in contravention of the GO Ms No. 115, Social Welfare Department, Dated. 30-11-2019 and consequential Government Orders, and consequently direct the Respondents to release the admitted amount to a tune of Rs.89,22,283/- towards Reimbursement of Tuition Fee (RTF) for the academic years 2017-18 to 2020-21 to the Petitioner institution together with interest thereon @ 24percent per annum and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

IA NO: 1 OF 2023

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 pleased to direct the Respondents to release the admitted amount to a tune of Rs.89,22,283/- towards Reimbursement of Tuition Fee (RTF) for the academic years 2017-18 to 2020-21 to the Petitioner institution together with interest thereon @ 24percent per annum, pending disposal of the Writ Petition, in the interest of justice and pass

IA NO: 1 OF 2024

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 pleased to grant leave to file the Counter Affidavit in W.P.No.1428 of 2023 in the interest of justice and may be pleased to pass

The Court made the following:

O R D E R:

The present Writ Petition is filed questioning the action of the Respondents in not releasing the admitted due amount to a tune of Rs.89,22,283/- together with interest thereon @ 24% per annum to the Petitioner/Institution towards reimbursement of the expenditure incurred by the Petitioner/Institution under the 'Reimbursement of Tuition Fee (RTF) Scheme' for the academic years 2017-18 to 2020-21, as illegal and arbitrary.

Learned counsel for Petitioner/Institution would submit that no cause of action survives in the Writ Petition, in view of subsequent developments in this matter.

Recording the said submission, the Writ Petition is dismissed as infructuous with liberty to pursue the legal remedies as and when occasion arises. No order as to costs.

As a sequel, pending applications, if any, shall stand closed.

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