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High Court for State of TelanganaWP/17429/2015dismissed no costs

A.Kishan, S/O.A.Venkaiah v. The Government Of Andhra Pradesh

2016-03-14Anis,Nooty Ramamohana Rao5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO AND THE HON'BLE SMT JUSTICE ANIS WP .NO:17429 of 2015 Between:

A.Kishan, S/o. A.Venkaiah ..... Petitioner/Applicant AND

1. The State of Andhra Pradesh, rep by its Chief Secretary, Secretariat Buildings, Hyderabad.

(The cause title of 1st Respondent is amended as per court order dt. 1206-2015 in WPMP.No. 21469/15)

2. The Principal Chief Conservator of Forest, Dept of Forests, Aranya Bhavan, Saifabad, Hyderabad.

3. The Union of India, rep. by its Secretary, Ministry of Environment of Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.

4. The Central Administrative Tribunal, rep. by its Registrar, HACA Bhavan, Saifabad, Hyderabad.

.....Respondents/Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue order or direction more in the nature of Writ of Certiorari or any other appropriate Writ calling for the records and set aside the Impugned order dated 28-04-2015 in OA.No. 832 of 2014 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench as illegal and arbitrary. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri K.Sudhakar Reddy, Advocate for the Petitioner, G.P. for GAD for the Respondent No.1 and of Sri B.Narayana Reddy, Asst. Solicitor General for the Respondents 2 & 3, the Court made the following ORDER:

" Learned Assistant Solicitor General appears today and he reiterates the same request which he made to this Court on 19.06.2015, seeking one more week's time.

This is not the only occasion on which such requests have been made. Even on the last occasion, when a learned counsel deputizing for the learned Assistant Solicitor General sought for time, we made our position very clear to him that he must secure necessary instructions in the matter as the lapse on the part of the officials of the Ministry of

Environment and Forests, Government of India was noticed by us. When we have expressed our displeasure about the lack of interest in pursuing the matters diligently, all that the learned Assistant Solicitor General would plead with us was that he has written at least three letters to the Secretary to the Ministry of Environment and Forests, New Delhi, but the officer does not care to respond to his calls. Since the questions posed to the learned Assistant Solicitor General are not in a position to be answered by him, it is only appropriate that the Secretary, in-charge of the Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi appear in the Court on 03.08.2015 with all the necessary and connected records.

..2..

The Secretary to the Government of India is also cautioned to note that his trip to Hyderabad may not be ordered by this Court as spent on duty in case he is not able to convince as to the lackadaisical approach adopted by him is justified in any manner. This caution is administered so that he should not feel upset that he has been made to spend lot of money on travel not knowing that the Government of India is very unlikely to reimburse the same.

Post on 03.08.2015."

Sd/- D.RAMESH KUMAR ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. The Chief Secretary, State of Andhra Pradesh, Secretariat Buildings, Hyderabad.

2. The Principal Chief Conservator of Forest, Dept of Forests, Aranya Bhavan, Saifabad, Hyderabad.

3. The Secretary, Ministry of Environment of Forests, Union of India, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi. (By Speed Post)

4. The Registrar, Central Administrative Tribunal, HACA Bhavan, Saifabad, Hyderabad.

5. Two CCs to G.P. for GAD, High Court, Hyd(OUT)

6. One CC to Sri K.Sudhakar Reddy, Advocate(OPUC)

7. Two spare copies.

SAH HIGH COURT NRRJ & ANISJ DATED: 27-07-2015 NOTE: POST ON 03-08-2015

ORDER

W.P.NO. 17429 OF 2015 DIRECTION DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 29-07-2015 HIGH COURT

NRRJ & ANISJ DATED: 27-07-2015 NOTE: POST ON 03-08-2015

ORDER

W.P.NO. 17429 OF 2015 DIRECTION