Seelam Prasada Rao, Hyderabad. v. Joint Collector Of Defence, Meerut, And Another

[ 3318 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 11195 OF 2004 Between:

Seelam Prasada Rao, Aged about 63 years, Occupation Retired Central Govt.,O/S r/o Hyderabad.

...PETITIONER AND Joint Collector of Defence Accounts, (Funds), Cantonment Meerut (U.P.) The Central Administrative Tribunal Bench, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction, more in the nature of writ of mandamus, treating 1"t respondent action vide order No.GP/MES/C/GPF No.'162612 dated 22-3-2002 copy at page 20 as part payment due to improper calculation of interest, illegal deduction of Rs.3,768/- without prior notice and settlement, and omission in posting subscription Rs.50/- for 7/85 being contrary to the facts and provisions of law Rule 34, consequently lst respondent s order dated 22-3-2002 has taken away or abridged the rights conferred under Article '14 Right to Equality or Equal protection of laws and the above order being in contravention of Article

13. (2) shall to the extent of contravention, be void, consequently direct him to recast the GPF account from the beginning to end and to pay me difference with interest upto the actual date of payment. b) To issue an interim order or interim direction to the 2nd and 3rd respondents, for passing necessary review order in

respect of (a) Rs.50^ omitted to mention after the word interest in line 11 in para 7 of page 6 of order dt.1-4-2oo4 (b) to incorporate the compriance period, ri,e The respondents are directed to comply with the order within month(s) from the date of receipt of this order. c) To issue an order or direction to produce the records resting with the GPF ledger account along with counter affidavit. Counsel for the Petitioner : SRI S.P.RAO (PARTY-|N-PERSON) Counsel for the Respondents:

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRJT PETITION No.11195 of2OO4 ORDER: (Per the Hon'ble Sri Justice Abhinqnd Kumar Shauilt) When the matter is taken up for hearing, none appears for the petitioner(s) in spite of the fact that the writ petition is listed under the caption "for dismissal". This Court has no other option except to dismiss the case for default and non-prosecution of the case.

2.

Accordingly, Writ Petition is dismissed. However, liberty is given to the petitioners to f,rle a fresh case, if the cause survives. There shall be no order as to costs. 3.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. SD/- MOHD. SANAULI.AH ANSARI ASSISTANT REG|STRAR I //TRUE COPY// SECTION OFFICER To,

1. 9r" CC to SRt S.P.RAO, Advocate. tOpUCl , Igfr ", copies.

GJP

HIGH COURT DATED:2011012022 c\ \.

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ORDER

9) * c t WP.No.11195 of 2004 DISMISSING THE WRIT PETITION WITHOUT COSTS Soq, \/- C,c*-