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High Court for State of TelanganaWP/3554/2015dismissed

Sri Pullella Satya Rama Linga Sastry, v. The State Of Andhra Pradesh,

2015-03-19A.Rajasheker Reddy2 pages

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY W.P.No.3554 of 2015

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Endowments for R1 and R2, Sri V.T.M.Prasad, learned Standing Counsel for respondent No.3 and learned Government Pleader for Home for respondent No.4.

2. This writ petition is filed seeking to declare the inaction on the part of the official respondents in enquiring into the matter whether the document said to have been executed by late Pullella Viswanadha Sarma, as illegal and arbitrary.

3. The petitioner claims to be the grandson of late Pullella Viswanadha Sarma, who rendered service as Pradhana Archaka in 3rd respondent temple, died on 11.04.2004. It is stated that based on a fabricated document alleged to have been executed by late Pullella Viswanadha Sarma, the 5th respondent was appointed as Archaka on 20.06.2004 on temporary basis. Now, the petitioner wants to make an enquiry about the said document after a period of 10 years. It is stated that the petitioner earlier filed W.P.No.4521 of 2009.

4. Respondent No.3 filed counter affidavit. Today, when the matter came up for hearing, learned counsel for the petitioner seeks permission to withdraw the writ petition.

5. There is no explanation from the petitioner with regard to filing of this writ petition after a lapse of 10 years period from the date of appointment of 5th respondent as Archaka basing on a document alleged to have been executed by late Pullella Viswanadha Sarma. After filing of counter affidavit, the petitioner

wants to withdraw the petition. The writ petition is filed on vague grounds. Valuable time of Court, Government Pleader and Officials in preparing counter affidavit is wasted. Therefore, it is clearly avoidable litigation by which precious Court time is expended. Hence, the Writ Petition is dismissed with exemplary costs of Rs.20,000/- (Rupees twenty thousand only) payable to A.P.State Legal Services Authority, Hyderabad, in default of such payment, the said Authority can take appropriate action for recovery of the same. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed. ________________________ A. RAJASHEKER REDDY, J.

19th March, 2015 sj