Sri S. Anantharam, 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.31909 of 2017 Date:19.9.2017 Between:

S.Anantharam, S/o Late S.Ramachandraiah ..... Petitioner And:

The State of A.P., reptd by its Principal Secretary, Home Guntur District and three others.

....Respondents Counsel for the petitioner: Mr. P.Venkatesh Counsel for the respondents: GP for Services (TS) The Court made the following:

CVNR, J & GSP, J WP.No.31909 of 2017 Dated:19.9.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Mandamus to direct the respondents to comply with order passed as far back as 29.9.2003, in Review M.A.No.3240 of 2003 in Original Application No.2664 of 1997 by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal'). During the hearing, when this Court pointed out at the stale nature of the claim, in that, the petitioner has approached this Court 14 years after passing of the afore-mentioned order for its enforcement, learned counsel for the petitioner submitted that till the year 2010, Writ Petition No.26102 of 2009 filed by the respondents was pending and that, after its dismissal by order, dated 28.01.2010, the petitioner had been making representations to the respondents. When we enquired with the counsel as to why the petitioner did not invoke the remedy of Contempt before the Tribunal, he has replied that it is time barred.

In our opinion, the jurisdiction of this Court cannot be invoked for execution of stale and belated claims. Even if the petitioner had any justifiable reason for not approaching the Tribunal or this Court till the year 2010, he did not avail his remedies at least for a period of seven years after the dismissal of Writ Petition No.26102 of 2009. At any rate, the petitioner

CVNR, J & GSP, J WP.No.31909 of 2017 Dated:19.9.2017 having already obtained an order from the Tribunal, he has to necessarily go before the latter seeking its enforcement/ execution.

Subject to the above observations, the Writ Petition is dismissed.

As a sequel, WPMP.No.39744 of 2017 is dismissed as infructuous.

________________________ JUSTICE C.V.NAGARJUNA REDDY ____________________________ JUSTICE GUDISEVA SHYAM PRASAD 19th September 2017 DR