Gujju Chinna Ammulu, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.6583 of 2018 Date: 05.07.2018 Between :
Smt. Gujju Chinna Ammulu ... Petitioner And The State of Andhra Pradesh, rep. by its Principal Secrety, Law (Legal) Department, Secretariat, Velagapudi at Amaravathi, Guntur District and others.
... Respondents COUNSEL FOR PETITIONER : Mr. M. Saptagiri, representing Mr. K.B. Ramanna Dora COUNSEL FOR RESPONDENTS : G.P. for Law & LA (A.P.) for R1 Sri J. Anil Kumar for R.2 Sri E.V.V.S. Ravi Kumar for RR.3, 4 & 6 None appeared for RR5, 7 and 8 THE COURT MADE THE FOLLOWING:
ORDER : (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not providing legal assistance vide order dated 04.07.2017 in the counter-claim filed by the petitioner in O.S.No.433 of 2016 on the file of the II Additional District Judge, Visakhapatnam, as illegal and arbitrary.
At the hearing, Sri E.V.V.S. Ravi Kumar, learned counsel for respondent Nos.3, 4 and 6 and Sri J. Anil Kumar, learned Standing Counsel for A.P. State Legal Services Authority, have submitted that under Regulation No.7(7) of the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 (for brevity "the Regulations"), the petitioner has an effective alternative remedy of filing appeal to the Executive Chairman, A.P. State Legal Services Authority, Hyderabad, and that, therefore, the petitioner may be relegated to the said remedy. Learned counsel for the petitioner does not dispute the existence of the said alternative remedy.
Inasmuch as an effective alternative remedy of appeal is available to the petitioner, we are not inclined to adjudicate this writ petition on merits.
Accordingly, the writ petition is dismissed with liberty to the petitioner to avail alternative remedy of appeal. As a sequel to the dismissal of the writ petition, I.A.No.1 of 2018 shall stand disposed of as infructuous.
__________________________ C.V. NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 05.07.2018.
Msr
HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.6583 of 2018 05.07.2018 Msr