D. Kishan Prasad v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N.BALAYOGI WRI T PETI TI ON No.33290 of 2016 ORDER: (per SK,J) The petitioner is the applicant in O.A.No.7194 of 2015 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, which was dismissed for default on 21.01.2016. He thereupon filed M.A.No.546 of 2016 in the said O.A. to set aside the order dated 21.01.2016 and restore the O.A. to the file. However, by order dated 10.08.2016, the Tribunal dismissed the M.A. holding that no grounds were made out for restoring the O.A. Aggrieved thereby, he is before this Court under Article 226 of the Constitution.

As matters stand, the Tribunal stands abolished insofar as the State of Telangana is concerned. Therefore, the question of restoring the O.A. does not survive at this stage. However, as the grievances raised by the petitioner in the said O.A. were never adjudicated on merits, we are of the opinion that the interests of justice require that he may be given an opportunity to seek redressal of such grievances in accordance with law. The writ petition is accordingly disposed of permitting the petitioner to take recourse to appropriate remedies in accordance with law for seeking redressal of the grievances raised by him in O.A.No.7194 of 2015 notwithstanding its dismissal for default by the Andhra Pradesh Administrative Tribunal, Hyderabad.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR __________________ JUSTI CE N.BALAYOGI Date:27.01.2017 GJ