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) 20415

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Harinath N, J
K.Hemanth Kumar – Appellant
Versus
Andhra Pradesh Education and Welfare – Respondent
WRIT PETITION NO: 25336/2014



Advocates:
For the Appellants/Petitioners: C H Satish Kumar
For the Respondents: G V S Kishore Kumar

A writ petition is dismissed as infructuous when the underlying cause of action no longer survives, rendering the sought relief unnecessary.

Headnote:The petitioner approached the court under Article 226 of the Constitution of India seeking a Writ of Mandamus to declare the action of the respondents in not considering the claim for promotion to the post of Assistant Engineer as illegal and arbitrary, violating Article 14 of the Constitution of India. The petitioner sought direction for promotion and consequential benefits based on proceedings dated 02.01.2014. The primary issue was whether the petitioner's claim for promotion remained valid and enforceable. The court noted the submission of the petitioner's counsel that the cause of action in the Writ Petition no longer survives, rendering the matter infructuous. Accordingly, this Writ Petition is dismissed as infructuous.

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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not considering the claim of the petitioner as a Assistant Engineer as per rules in existing vacancies as illegal, arbitrary, violative of Article-14 of Constitution of India and consequently to direct the respondents to promote the petitioner as Assistant Engineer by taken into the proceedings of 1st respondent vide Lr.No.E2/3220/APEWIDC/2013, dt: 02.01.2014 and pay all the consequential benefits which is entitled to the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances t e case.

IA NO: 1 OF 2014(WPMP 31688 OF 2014

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 consider the case of the petitioner for promotion to the post of Assistant Engineer by considering the representation of the petitioner, pending disposal of the writ petition and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

The Court made the following:

Order:-

Learned counsel for the petitioner would submit that the cause in the Writ Petition does not survive any further. Hence, the matter has become infructuous.

Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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