Dr. C. Goverdhan, Warangal Dist And 4 Others v. Prl. Secretary, Higher Edcation Dept., Hyd And 3 Others

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No. 41778 OF 2016 ORDER: (Per VRS,J) The petitioners filed an Original Application before the Andhra Pradesh Administrative Tribunal, seeking certain reliefs. They also sought an interim prayer. But in the prayer for interim relief, the Tribunal merely passed an order directing the Government to consider the representation and pass orders within four weeks. The main O.A. was admitted.

2.

Subsequently, the State of Telangana withdrew from the Andhra Pradesh Administrative Tribunal, on account of which the main Original Application in O.A.No.1601 of 2016 stands transferred to this Court in WP(TR) No.5857 of 2017.

3.

In the meantime, the petitioners have come up with the above writ petition challenging the order passed by the Tribunal and the consequential order passed by the respondents. 4.

In other words, what is prayed for in this writ petition is only by way of an interim relief pending the main writ petition which now stands transferred to this Court in WP(TR) No.5857 of 2017. When the main case is pending before a Single Judge, it is not possible to entertain an interim relief in a writ petition before the Division Bench,

VRS,J & MGR,,J WP No. 41778 of 2016 on the ground that the writ petition arises out of an interim order passed by the Administrative Tribunal when the Tribunal had jurisdiction.

5.

Therefore, the Writ Petition is dismissed with liberty to the petitioners to seek a very same relief by way of miscellaneous petitions in WP(TR) No.5857 of 2017.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand closed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J _________________ M.GANGA RAO, J 7th December, 2017 anr

VRS,J & MGR,,J WP No. 41778 of 2016 THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 41778 of 2016 7th December, 2017 anr