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2013 DIGILAW 498 (AP)

Uppu Venkataramana v. State of Andhra Pradesh

2013-07-01

G.ROHINI, K.J.SENGUPTA

body2013
JUDGMENT : K.J. Sengupta, J. 1. This petition has been filed by the petitioner praying for an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the official respondents in not filing counter, vacate stay petition before the Tribunal in OA No. 1211 of 2013 as illegal, arbitrary and discriminatory violating Articles 14 and 21 of the Constitution of India apart from against the interest of the State as well as public interest and declare the action of the 1st respondent in not prescribing any guidelines, criteria for filing the counter, vacate stay petition, appeals, criminal appeals before the Tribunal as well as SLP before the Supreme Court and in not constituting a committee with various eminent persons in respective fields as arbitrary, illegal, unconstitutional violating Article 14 of the Constitution of India and against the interest of the public and the State and consequently direct the respondents to file counter and vacate stay petition forthwith before the Tribunal in OA No. 1211 of 2013 filed by the party respondent and further direct the 1st respondent to forthwith issue guidelines, criteria, norms for filing counter, vacate stay petitions, appeals before the Tribunal as well as SLP before the Supreme Court duly constituting a committee with eminent persons from respective fields in protecting the interest of the State and the public. In our considered view, this petition is wholly misconceived. The nature of the relief claimed is unheard of under law. At the first instance, we feel whether the pleadings should be filed or not before the Tribunal can be regulated by that Tribunal itself and no other Court or authority can do it. So far as other direction prayed for, it is a policy of the Government and this Court cannot direct the Government in that regard. 2. Accordingly, this petition is dismissed with costs, assessed at Rs. 500/- (Rupees five hundred only) payable to the Secretary, A.P. State Legal Services Authority within a period of three weeks from date. Miscellaneous petitions, if any, pending in this petition are closed.