AMULYA MINERLS Vs. KANDIMALLA HARANADHA BABU

JUDGEMENT

(1.) WITHOUT going into the merit in the appeal, we notice that the order of the Honble Trial Judge is void ab initio since it has been passed on a proceeding not a legally instituted. In the writ petition, the first respondent therein has been arrayed as the Government of Andhra Pradesh represented by its Principal Secretary, Mines and Geology, Secretariat, Hyderabad. In our view, the Government of Andhra Pradesh is not sui juris, it is the State of Andhra Pradesh, because of Article 300 of the Constitution of India that provides as follows:

(2.) 300. Suits and proceedings. -

(3.) THE Honble Trial Judge was not assisted properly and it appears that the Honble Trial Judge was called upon to pass order in this proceeding. Though the grievance and prayer in the writ petition was for a declaration that the act and action of the State of Andhra Pradesh is illegal, it was not a party therein. Therefore, the order of the Honble Trial Judge is a nullity. On that ground, we set aside the said order.