THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1147 of 2014 DATED:3.9.2014 Between:
Sri Veera Brahma Deva Educational Society Represented by its President Smt. N. Bhavani, Kurnool Road, Ongole, Prakasam District.
And The Deputy Inspector General of Police, Ananatapuram and others.
… Appellant ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1147 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
By consent of the parties, who appear before us today, we dispose of the appeal finally without resorting to all the unnecessary formalities, at least, in this case.
As rightly contended by Mr. S. Ravi, learned senior counsel appearing for the appellant, the learned trial Judge has passed the impugned order, no issue was raised in relation thereto nor even prayed for in the writ petition.
We have checked up the prayer portion of the writ petition, which is as follows:
“To issue a writ, order or direction more in the nature of writ of mandamus declaring the action of the respondents in interfering with the day to day functioning of the educational institutions established and run by the petitioner society and in harassing the staff of the institutions under the guise of investigation into the Crime No. 390/2014 of Ongole Taluq Police Station, as illegal, arbitrary and violative of Articles 14,19 and 21 of the Constitution of India and consequentially to direct the respondents not to interfere with the functioning of the educational institutions run by the petitioner society at Sri Pratibha Campus, Pernamitta, S.N. Padu Mandal and its staff members, in the interest of justice and to pass such other order or orders.”
No one has filed any counter claim nor raised any issue on the subject of the relief granted by His Lordship suo motu. We are of the view that this order is passed without jurisdiction, at least, on the subject matter. Hence, we set aside the same. However, we are giving liberty to the caveator to make a complaint, whenever he will be advised and when the situation will arise, to the appropriate authority.
With the above observations, the writ appeal is disposed of. Pending miscellaneous applications, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 3rd September, 2014 pnb SANJAY KUMAR, J