* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8727/2014 & CM No.20062/2014
Decided on : 09.12.2014
IN THE MATTER OF:
TUMMALA LAKSHMANA RAO ..... Petitioner
Through : Mr. M.A. Chinasamy, Advocate
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Kirtiman Singh with Mr. Waize Ali Noor, Advocates for UOI.
CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral)
1. The present petition has been listed subject to an office objection with regard to its maintainability.
2. It has been enquired from learned counsel for the petitioner as to what is the petitioner's personal interest in seeking a writ of quo warranto so as to restrain the respondents No.2 to 10 from functioning as Additional Judges of the High Court of the States of Telangana/Andhra Pradesh.
3. Counsel for the petitioner submits that the petitioner had retired as a Principal District Judge from the State of Andhra Pradesh and as a public spirited citizen, he has questioned the appointment of the W.P.(C) 8727/2014 Page 1 of 3 respondents No.2 to 10 as Additional Judges of the High Court Andhra Pradesh on a number of grounds including the plea that adhoc appointments are impermissible when permanent vacancies are available in the said Court.
4. If that be the case, then the petitioner ought to have filed the present petition as a Public Interest Litigation, after making compliances of the rules prescribed by the High Court in that regard.
5. Learned counsel for the respondent No.1/Ministry of Law and Justice, who appears on advance copy, states that even otherwise, the present petition is not maintainable in this Court for want of territorial jurisdiction, as a large part of the cause of action has arisen in the States of Andhra Pradesh/Telangana and additionally, the petitioner has failed to implead the State Governments as co-respondents.
6. At this stage, counsel for the petitioner seeks leave to withdraw the present petition while reserving the right of the petitioner to seek his remedies as per law.
7. Leave, as prayed for, is granted. The writ petition is dismissed along with the pending application. If the petitioner files a fresh petition W.P.(C) 8727/2014 Page 2 of 3 for the same cause of action, the respondents/UOI shall be entitled to take all the pleas in opposition, as may be available to it in law.
(HIMA KOHLI)
DECEMBER 09, 2014 JUDGE
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W.P.(C) 8727/2014 Page 3 of 3