I. Venkata Ramana, S/O, Yerikalappa, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.28337 of 2017 Date:23.8.2017 Between:

Venkata Ramana, S/o Yerikalappa ..... Appellant And:

The State of A.P., reptd by its Principal Secretary, Municipal Administration Department, Velagapudi, Guntur District and two others.

.....Respondents Counsel for the petitioner: Mr. N.Ramesh Counsel for respondent Nos.1 & 2: GP for Municipal Admn(AP) Counsel for respondent No.3: Mr. Mohd Saleem Standing Counsel for Municipalities The Court made the following:

CVNR, J & MSKJ, J WP.No.28337 of 2017 Dated:23.8.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for a Certiorari for quashing order, dated 13.7.2017, in O.A.No.2713 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal').

Mr. N.Ramesh, the learned counsel for the petitioner, submitted that the Tribunal denied the relief of regularisation of the suspension period of the petitioner treating the same as on duty for all purposes and for grant of monetary benefits, and that, just before the impugned order was passed by the Tribunal, respondent No.3, vide his proceedings No.2228/2017-E1, dated 26.7.2017, has allowed the claim of the petitioner by treating the suspension period as "on duty" and ordered for payment of full pay and allowances for the said period. He further submitted that as, on the date of disposal of the said O.A., his client has not informed him about the said order, the said fact was not placed before the Tribunal. He further submitted that this Writ Petition is filed on a genuine apprehension that the impugned order of the Tribunal may influence respondent No.3 to review his order. He has, therefore, requested the Court to permit the petitioner to withdraw the said O.A. itself. Though Mr. Md. Saleem, the learned Standing Counsel for Municipalities (Andhra Pradesh), has opposed the above

CVNR, J & MSKJ, J WP.No.28337 of 2017 Dated:23.8.2017 submissions of the learned counsel for the petitioner, in our opinion, when respondent No.3 himself has granted the relief to the petitioner, the latter's request for withdrawal of the said O.A. is reasonable.

In this view of the matter, the petitioner is permitted to withdraw O.A.No.2713 of 2014 and consequently, it is declared that the order passed therein by the Tribunal shall have no effect.

The Writ Petition is, accordingly, disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.35217 of 2017 is disposed of as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE M.S.K.JAISWAL 23rd August 2017 DR