Telangana High Court

WP/1407/2004 of Thaquiddin Ahmed, s/o Mohiuuddin Ahmed, Vs The AP Genaration Corporation Ltd., on 31 December 2012

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CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Petition No.1407 of 2004 DATED:31.12.2012 Between: Thaquiddin Ahmed … Petitioner And The A.P. Generation Corporation Ltd., Represented by the Chief Engineer (O&M), Kothagudem

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THE HON’BLE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

Writ Petition No.1407 of 2004

DATED:31.12.2012

Between:Thaquiddin Ahmed

… Petitioner

AndThe A.P. Generation Corporation Ltd.,Represented by the Chief Engineer (O&M),Kothagudem Thermal Power Station,Paloncha and others.

…. Respondents

THE HON’BLE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSEAND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

Writ Petition No.1407 of 2004

Order:(per the Hon’ble Chief Justice Sri Pinaki Chandra Ghose)

The petitioner filed the present writ petition praying for amandamus to declare the action of the respondents in not taking anyaction in terms of the order passed by this Court on 20.6.2003 in C.C.No. 1591 of 2001 & Batch as illegal and arbitrary and violative of Articles14,16 and 21 of the Constitution of India.

Having gone through the prayer of the writ petitioner, we are of theview that the petitioner filed the present writ petition by invoking theSpecial Jurisdiction of this Court and is praying for a direction to therespondents to take action as per the orders of this Court dated20.6.2003 in the aforementioned C.C. No. 1591 of 2001. The petitioner isalso seeking a direction to respondent Nos. 1 and 2 to consider the caseof the petitioner for appointment to the post of Mazdoor in K.T.P.S. VStage, Paloncha, Khammam District, which is situated in a non-scheduled area by considering the representation of the petitioner dated13.10.2003.

It is seen from the record that an application being,W.P.M.P. No. 1828 of 2004 was also moved by the petitioner tohave an interim order in the matter and this Court while admitting the writpetition on 27.1.2004 had dismissed the said W.P.M.P.Admittedly, no steps have been taken by the writ petitioner thereafter even though the matter is listed before the Court on number ofoccasions. The order in the Contempt Case No. 1591 of 2001 wasdated 20.6.2003. Further alleging non-compliance, no furtherproceedings were filed by the petitioner under the Contempt of CourtsAct, 1971. But, he has chosen to file the present writ petition seekingimplementation of the order in the said contempt case. Though the writpetition was filed on 23.1.2004, no interim relief was granted nor anyattempt was made to get the hearing of the case at the earliest. Onaccount of efflux of time, the relief sought in this writ petition hasbecome infructuous. The direction in the contempt case referred toabove was merely directing the Board to complete the selection processwithin three months. That period had already long expired before thepetitioner filed the writ petition and as on today when the matter comesup for hearing almost ten more years have passed thereafter. No relieftherefore can be granted.

The writ petition is therefore dismissed. No costs.

__________________________

PINAKI CHANDRA GHOSE, HCJ

31.12.2012

______________________

VILAS V. AFZULPURKAR,J

pnb

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