G.Ravi v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE DILIP B.BHOSALE AND THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT APPEAL No.88 of 2015 P.C: (per the Hon'ble Sri Justice Dilip B.Bhosale) This writ appeal is directed against the order, dated 18.12.2014 passed in W.P.No.37268 of 2014, whereby the said petition filed by the appellants has been dismissed as not maintainable. In the writ petition, the appellants challenged the order, dated 24.11.2014, keeping the transfer orders of Mandal Parishad Development Officers of Y.S.R. Kadapa District, issued by the Chief Executive Officer, Zilla Praja Parishad, Y.S.R. Kadapa District, in abeyance as illegal and arbitrary. This Court is informed that in the meanwhile, the Government vide its order, dated 12.02.2015, has set aside the orders of transfer.

In view thereof, in our opinion, the appeal has rendered infructuous and deserves to be disposed of as such. Learned Senior Counsel for the appellants, however, invited our attention to the impugned order and submitted that the learned Judge has observed that the petitioners did not have locus, and this finding would come in their way if they challenge the order, dated 12.02.2015.

We have perused the order, in particular, the concluding paragraph thereof. The learned Judge in the concluding paragraph has clearly recorded that he was not inclined to go into the merits

of the contentions of rival parties and he disposed of the petition as not maintainable. Keeping that in view, learned counsel for the respondents submits that he has no objection for keeping all contentions of the parties open to be raised in the proceedings challenging the order, dated 12.02.2015, passed during the pendency of this appeal.

In the circumstances, we dispose of this appeal as rendered infructuous, with liberty to the appellants to take appropriate remedy against the order, dated 12.02.2015, passed by the Government of Andhra Pradesh. If any such proceedings are filed by the appellants, we hope and trust that the same will be considered and decided on merits in accordance with law. All contentions of the parties on merits are kept open. Consequently, miscellaneous petitions, if any, also stand disposed of.

_____________________ DILIP B.BHOSALE,J ________________________ A.RAMALINGESWARA RAO,J Dt:18.02.2015 kdl