HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17559 OF 2008 DATED:15.12.2014 Between:
Maala Mahaanadu (Regd. No.2377/97) Rep. by its State Working President D. Busiraju R/o.20-5-75, Ambedkarnagar Gpvarapalem Anakapalli Visakhapatnam … Petitioner And Government of Andhra Pradesh Rep. by its Principal Secretary MA & UD Department Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17559 OF 2008 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition is filed, amongst others, against Government of Andhra Pradesh. We think that the Government of Andhra Pradesh is not sui juris as per Article 300 of the Constitution of India. Therefore, the lis has been filed against a non-existent party. Secondly, one of the Government Orders, being G.O. Ms.No.913, dt.9.11.1987, was admittedly repealed and it is no longer in force. However, there is a doubt as to whether another Government Order, being G.O. Ms. No.345, dt.30.6.2006 is in existence or not. If the same survives, it would be open for the petitioner to approach this Court with a fresh writ petition making necessary parties, not Government.
We accordingly close this writ petition.
Pending miscellaneous petitions, if any, shall also stand closed.
There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 15.12.2014 bnr