Telangana High Court

WP/28259/2008 of T.B. Rajendra Prasad, Vs E. Lakshmi Kumari, on 26 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28259 of 2008 Between: T.B.

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE GHULAM MOHAMMEDand THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 28259 of 2008

Between:

T.B. Rajendra Prasad, S/o . Bikshalaiah,Ongole, Prakasam District.

AND

..... PETITIONER

1 E. Lakshmi Kumari, W/o. Late Sudhakar, Sub-Inspector, Kavali Nellore District.

2 The Prohibition and Excise Superintendent, Guntur Division, Guntur, Guntur District. Guntur District.

3 The Dy.Commissioner of Proh. &Excise, Governemnt of A.P., Excise Bhavan, M.J.Road, Hyderabad. Bhavan, M.J.Road, Hyderabad.

4 The Commissioner of PROH. & eXCISE, Government of A.P., Excise Bhavan, M.J.Road, Hyderabad. Bhavan, M.J.Road, Hyderabad.

5 The State of A.P. Rep by its Principal Secretary, Revenue Departent, Secretariat, Hyderabad. Secretariat, Hyderabad.

6 Sri. B.Roop Singh, Proh & Excise Sub-Inspector, Proh & Excise Station, Markapur, Prakasam District, Station, Markapur, Prakasam District, 7 Sri. U.Mohan Rao, Incharge Proh. & Excise, Proh & Excise Station, Chirala, Prakasam District.

8 Sri. M.Yanadi Rao, Senior Assistant, O/o. The Dy.Commissioner of Proh. & Excise, Guntur Division, Guntur District. O/o. The Dy.Commissioner of Proh. & Excise, Guntur Division, Guntur District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a writ in the nature of Certiorari or any other appropriatewrit, order or direction by calling for records relating to the orders ofHon'ble A.P. Administrative Tribunal, dated 4-4-2007, in O.A.No.1838 of2007 and quash the same by declaring the same as erroneous.

Counsel for the Petitioner: MR.S.GOPAL RAO

Counsel for the Respondent No.: GP FOR SERVICES II

The Court made the following :

ORDER:(per the Hon’ble Mr.Justice Ghulam Mohammed)

This writ petition is filed seeking a writ of certiorari to quashthe order dated 04-04-2007 passed by the Administrative Tribunal inO.A.No.1838 of 2007.

The grievance of the petitioner is that the Tribunal whileentertaining the OA suspended the proceedings dated 05-03-2007 andhe filed a vacate stay petition in V.M.A.No.250 of 2007 which has notbeen disposed of.

Having regarding to the facts and circumstances of the caseand since the matter is pending before the Tribunal for consideration,we deem it appropriate to direct the tribunal to dispose of the OAalong with the vacate petition filed by the petitioner herein, within aperiod of eight weeks from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No order as tocosts.

____________________

GHULAM MOHAMMED, J

26[th] December, 2008

SKM

______________________

B.SESHASAYANA REDDY, J

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