Andhra Pradesh High Court - Amravati
The Superintendent Of Police, vs Adari Satyanarayana, on 24 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.98 of 2021
(Taken up through video conferencing)
The Superintendent of Police,
Visakhapatnam District,
Visakhapatnam and 2 others. .. Appellants
Versus
Adari Satyanarayana
S/o. Apparao, aged 46 years,
Ex.PC.116, Butchiyyapeta PS,
Chodavaram Circle,
Visakhapatnam District,
r/o.D.No.13-96, Sarada Nagar,
Anakapalli, Visakhapatnam District. .. Respondent/
Writ Petitioner
Counsel for the Appellants : Mr.N.Aswartha Narayana,
G.P. for Services-I
Counsel for Respondent : Mr.P.Narasimha
ORAL JUDGMENT
Dt: 24.02.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. N.Aswartha Narayana, learned Government Pleader
for Services-I, for the appellants. Also heard Mr.P.Narasimha,
learned counsel for the respondent/writ petitioner.
2. This Writ Appeal is preferred against the order dated
07.12.2020 passed in W.P.No. 22395 of 2020 on the ground that no
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W.A.No.98 of 2021
effective opportunity was granted to the appellants to contest the
proceedings.
3. In ground No.4, it is stated that the Writ Petition was filed on
27.11.2020 and the same was listed on 07.12.2020 and on the very
same day, the Writ Petition was disposed of directing the Director
General of Police, Andhra Pradesh, to comply with the directions in
G.O.Rt.No.87 Home (Services-II) Department dated 31.01.2020.
4. It is submitted by Mr.N.Aswartha Narayana that the order
dated 31.01.2020 was passed on the basis of a mercy petition
submitted by the writ petitioner to the Government and that the
Government can review the same in terms of Rule 41 of the Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules,
1991 on a request made by the Head of the Department.
5. Mr.P.Narasimha, learned counsel for the respondent/writ
petitioner, however, submits that opportunity was granted to the
appellants before the impugned order was passed.
6. In the facts and circumstances of the case, we express no
opinion on merits, but we think that it would be just and
appropriate to afford an opportunity to the appellants to state their
case before the learned single Judge by filing an affidavit.
7. Accordingly, the order dated 07.12.2020 passed in
W.P.No.22395 of 2020 is set aside and the matter is remanded
back to the learned single Judge for fresh consideration. Counter
affidavit may be filed by the appellants within a period of three
weeks from today.
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W.A.No.98 of 2021
8. The Writ Appeal, accordingly, stands allowed and disposed of.
No costs. Pending miscellaneous applications, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
GM
