Ganta Raghuram Prasad v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.30015 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Endowments.

An ex parte order, passed by the A.P.Endowments Tribunal, dated 12.03.2018, in O.A.No.634 of 2017 is under challenge in the present Writ Petition.

When the matter is taken up, a preliminary objection, as to the maintainability of the Writ Petition, is taken by the learned Standing Counsel that the petitioner herein, instead of availing the alternative remedy, as provided under Rule 11 of the A.P.Charitable and Hindu Religious Institutions and Endowments Rules, 2010 (for brevity, 'the Rules'), notified vide G.O.Ms.No.180, dated 28.02.2011, approached this Court by way of filing the present Writ Petition.

Rule 11 of the Rules deals with the dismissal for default and the ex parte decrees. Sub-Rule (3) thereof enables the party being set ex parte to file an application to set aside the ex parte order.

In view of the above said alternative remedy available to the petitioner herein, this Court is not inclined to entertain this Writ Petition.

Accordingly, Writ Petition is dismissed with liberty to the petitioner to avail the said alternative remedy, in accordance with law. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ A.V.SESHA SAI, J 23rd August, 2018.

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