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High Court for State of TelanganaWP/29012/2016dismissed no costs

B Laxmi Annapurna, v. The State Of Telangana,

2016-08-29Sanjay Kumar,M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.29012 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ petition is sought to be maintained by the applicant in O.A.No.3172 of 2016 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, aggrieved by the action of the Tribunal in issuing notice before admission and inviting a counter. In the light of the law laid down by the Supreme Court in L. Chandra Kumar v. Union of India[1], unless an order is passed by the Tribunal, it would not be amenable to the writ jurisdiction of this Court. An order in this context would mean an adjudicatory order and an order merely issuing notice before admission would not qualify as there is no adjudication implicit therein. We are therefore of the opinion that the writ petition is misconceived and cannot be maintained.

The writ petition is accordingly dismissed. The petitioner is however granted liberty to move the Tribunal for expeditious disposal of the case or for grant of interim relief, as the case may be. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ SANJAY KUMAR, J ___________________________ M. SEETHARAMA MURTI, J Date:29.08.2016 Note:

Furnish C.C. in three days.

(B/o) GJ

[1] (1997) 3 SCC 261