Andhra Pradesh High Court - Amravati
A.Kanaka Prasad vs State Of Andhra Pradesh on 16 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ 3310 ]
(Special Original Jurisdiction)
FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
IA 1 OF 2023
IN
WRIT PETITION TRANSFERED FROM APAT NO: 157 OF 2021
Between:
1. A.KANAKA PRASAD, Son of A.Chengaiah, aged about 47 years, Occ. Police
Constable (Civil), Kurnool Traffic Police Station, Kurnool District.
...PETITIONERS
AND
1. STATE OF ANDHRA PRADESH, The State of Andhra Pradesh, rep by its
Principal Secretary, Home Department, Secretariat Buildings, Hyderabad.
2. The Director General of Police, The Director General of Police, Government of
Andhra Pradesh, Hyderabad.
3. The Superintendent of Police, The Superintendent of Police, Kurnool District,
Kurnool.
4. The Principal, The Principal, Police Training College, Tirupathi, Chittoor
District.
...RESPONDENTS
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
consider the applicant for promotion to the post of Head Constable, in the light
of proceedings Rc.No.598/E-3/2017,dt.12.12.2017 issued by the 2nd
respondent (i.e. the Director General of Police) by sending the applicant also for
Pr-promotional Training scheduled from 22.10.2018 on par with all others
slated for Pr-Promotional Training vide proceeding in RC.No.A1/372-
CIVIL/2018,dt. 03.10.2018 issued by the 3rd respondent and to pass such other
order or orders as this Honorable Tribunal may deem fit and proper in the
circumstances of this case.
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to Review the order made in W.P.(AT).No.157 of 2021, dt 23.12.2022
and restore the Writ Petition for consideration on merits, in the interest of
Justice, and pass
Counsel for the Petitioner(s):SRI. G V SHIVAJI
Counsel for the Respondents:SRI. GP FOR SERVICES I
The Court made the following:
ORDER
I.A.No.1 of 2023 is filed to review the order, dated 23.12.2022 made in
W.P.(AT).No.157 of 2021 and to restore the Writ Petition for consideration on
merits.
2. The main writ petition vide W.P.(AT).No.157 of 2021 has been filed
aggrieved by the action of the 1st respondent in issuing impugned
G.O.Ms.No.1 Home Legal (II) Department, dated 07.01.2016, as highly illegal
and arbitrary.
3. This Court vide order dated 23.12.2022, has closed the writ
petition on the ground that no cause of action survives.
4. Heard Sri G.V. Shivaji, learned counsel appearing for the petitioner
and learned Government Pleader for Services-I appearing for the
respondents.
5. On hearing, learned counsel for the petitioner submits that when
the writ petition was taken up for hearing along with batch of writ petitions,
by mistake and inadvertence and due to communication gap, a submission
was made that the petitioner has got promotion and therefore no cause of
action survives and recording the same, this Court has closed the same vide
order dated 23.12.2022 in WP(AT)No.157 of 2021. In fact the petitioner has
not been promoted, while his juniors were promoted. Therefore, the cause in
the above writ petition survives for consideration, and that, it is just and
necessary to review the order. Hence, the present application being made
for reviewing the order made in WP (AT) No.157 of 2021, dated 23.12.2022.
6. Learned counsel for the petitioner has relied upon a decision of
Hon'ble Supreme Court reported in Rajender Kumar and others vs.
Rambhai and others1, wherein the Hon'ble Apex Court held that "The first
and foremost requirement of entertaining a review petition is that the order,
review of which is sought, suffers from any error apparent on the face of the
order and permitting the order to stand will lead to failure of justice. In the
absence of any such error, finality attached to the judgment/order cannot be
disturbed."
7. Per contra, learned Government Pleader for Services-I does not
refute the submissions made by the learned counsel for the petitioner.
8. Considering the submissions made by learned counsel for the
petitioner, this Court deems fit to review the order passed by this Court
dated 23.12.2022 in WP(AT) No.157 of 20201.
9. Accordingly, I.A. No.1 of 2023 is allowed and the main writ petition
vide W.P.(AT). No.157 of 2021 is restored to its file. Consequently, the
Registry is directed to post the WP (AT) No.157 of 2021 in usual course
_____________________________
DR. K. MANMADHA RAO, J.
Gvl
http://indiankanoon.org/doc/119466/
