IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE SUJOY PAUL,THE HONOURABLE DR. JUSTICE G.RADHA RANI
Poosa Narender – Appellant
Versus
The State of Telangana – Respondent
WP 32875/2024
THE HONOURABLE SRI JUSTICE SUJOY PAUL &
THE HONOURABLE DR. JUSTICE G. RADHA RANI WRIT PETITION No.32875 OF 2024 ORDER: (per Hon’ble Dr. Justice G.Radha Rani This Writ Petition is filed by the petitioner to issue a writ or direction preferably a Writ of Mandamus to declare the proceedings of the High Court of Andhra Pradesh vide ROC.No.1657/2006-C3 dated 06.11.2006 and Circular Dis.No.4214 dated 05.11.2024 as null and void and consequently to set aside the same and to direct the respondent No.3 to issue fresh circular to all the Judicial Officers in Khammam Judicial Unit, cancelling the above circular.
2. The Writ Petition is taken up for final hearing with the consent of both the parties at the stage of admission itself.
3. Heard Ms.P.Manasa, learned counsel representing Sri Surya Balu Mahendra, learned counsel for the petitioner on record and Sri Vivek Jain, learned Standing Counsel for the High Court for the State of Telangana for respondents.
4. Learned counsel for the petitioner submitted that the petitioner earlier worked in the Judicial Department in Khammam Unit. While working as a copyist in the Court of Judicial Magistrate of First Class, Manuguru, he was transferred to the Judicial Unit of Vizianagaram. He challenged the said unit transfer. Subsequently, he did not pay any interest upon the said matter, as he was doing agriculture apart from other business. He was having legal disputes with several persons with regard to the properties. He needed to attend in the said cases as party-in-person. On 05.11.2024, the respondent No.3 issued a circular vide Dis.No.4214 dated 05.11.2024 addressing all the Judicial Officers working in Khammam Headquarters instructing them not to permit the petitioner to enter into their respective Courts to implement the impugned proceedings of the High Court of Andhra Pradesh vide ROC.No.1657/2006-C3 dated 06.11.2006. The respondent No.3 strictly directed the Judicial Officers and CAO / CMOs not to allow the petitioner to enter into the respective premises, failing which the same would be viewed seriously.
4.1. Learned counsel for the petitioner further submitted that the said circular was against the rights of the petitioner under Article 21 of the Constitution of India, as the petitioner was at liberty to avail his legitimate rights to enter into the public court premises. The respondents 2 and 3 could not issue such impugned proceedings denying the rights of the petitioner. The proceedings issued by the High Court of Andhra Pradesh were also not communicated to the petitioner at any point of time during the previous 18 years. All of a sudden, the erroneous circular vide Dis.No.4214 dated 05.11.2024 was issued by respondent No.3, due to which the petitioner was denied right to contest in several legal matters pending before different Courts in Khammam Headquarters as party-in-person. As such, it was just and necessary to declare the proceedings of the High Court of Andhra Pradesh vide ROC.No.1657/2006-C3 dated 06.11.2006 and circular vide Dis.No.4214 dated 05.11.2024 as null and void and required to direct respondent No.3 to issue fresh circular to all the Judicial Officers cancelling the circular vide Dis.No.4214 dated 05.11.2024, lest, the petitioner would be put to irreparable loss and injury.
5. Learned Standing Counsel for the High Court for the State of Telangana on behalf of respondents 1 to 3 submitted that infact, the fax notification ROC.No.1657/2006-C3 dated 06.11.2006 was the subject matter of the writ prayer in W.P.No.24078 of 2006 filed by the petitioner. The said Writ Petition was dismissed for non-prosecution on 18.01.2007. The petitioner had not disclosed the number and details of the Writ Petition filed by him challenging his transfer before this Court. Initially, a restoration petition was filed by way of affidavit dated 09.04.2007, but, however the same was returned with office objections on 11.04.2007. It was re-submitted on 19.04.2015 seeking to condone the delay of 3031
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