WP/24726/2004 of G. Lakshmaiah, Vs Government of Andhra Pradesh, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24726 of 2004

Between:

G. Lakshmaiah, S/o Ramaiah, Hindu,Panchayat Raj Department, Rajampet Sub Division Rajampet, CuddapahDistrict.

..... PETITIONER

AND

1 Government of Andhra Pradesh,

rep. by its Secretary,Panchayat RajDepartment, Secretariat, Hyderabad. 2 Engineer in Chief, Panchayat Raj Department,Erramanzil, Hyderabad.

3 The Superintending Engineer,

Panchayat Raj Department, Cuddapah.

4 The Executive Engineer,

Panchayat Raj Department,

5 The Deputy Executive Engineer,

Panchayat Raj Dept,

Rajampet Sub Division,

Rajampet, Cuddapah District.

6 The Assistant Executive Engineer,

Panchayat Raj Dept,

Rajampet Sub Division,

Rajampet, Cuddapah District. .....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a Writ of Certiorari calling for records leading upto and inclusive of thevacate orders passed in VMA No. 69/2004 in O.A.No. 9971 of 2003 dt. 6-10-2004 on the file of the A.P. Administrative Tribunal, Hyderabad as illegal,arbitrary and unconstitutional and quash the same and consequently direct therespondents to continue the petitioner as NMR Technical Works Inspector asusual in the respondent department and to pass such other or further ordersCounsel for the Petitioner:MR.SREENIVASA RAO VELIVELA

Counsel for the Respondents : GP FOR PANCHAYAT RAJ

& RURAL DEVELOPMENT

The Court at the stage of admission made the following :

O R D E R:(per Hon’ble GB,J)

This Writ Petition is filed challenging the Order passed by theA.P.Administrative Tribunal in VMA.No.69 of 2004 in O.A.NO.9971 of 2003,dated 06-10-2004 for vacating the interim stay granted on 09-12-2003.2. Learned counsel for the petitioner submits that the Tribunal did not considerthe matter in proper perspective and thus rendered decision contrary to therules.

3. We are unable to accept this contention. Since the matter is of the year2003, we find it desirable that the Writ Petition itself can be disposed of.

4. Accordingly, the Writ Petition is disposed of directing the Tribunal to disposeof O.A.No.9971 of 2003 within a period of four weeks from the date of receipt ofa copy of this Order.

_________________

G.BIKSHAPATHY, J

_________________P.S.NARAYANA, J

Dt : 30-12-2004

Prv

To

1 The Secretary, Panchayat Raj Department, Government of Andhra Pradesh, Secretariat, Hyderabad.

2 The Engineer in Chief, Panchayat Raj Department, Erramanzil, Hyderabad.

3 The Superintending Engineer,

Panchayat Raj Department, Cuddapah.

4 The Executive Engineer,

Panchayat Raj Department,

Rajampet, Cuddapah District.5 The Deputy Executive Engineer, Panchayat Raj Dept,Rajampet Sub Division,Rajampet, Cuddapah District.6 The Assistant Executive Engineer,Panchayat Raj Dept,Rajampet Sub Division,

7 Two CCs to G.P. for Panchayat Raj and Rural Development, High Court of A.P., Hyderabad (OUT).

8 The Registrar, A.P.Administrative Tribunal, Hyderabad.

9 Two CD copies.