B. Sreenivasa Rao v. The Engineer-In-Chief

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.16557 OF 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed by the applicants in O.A.No.144 of 2018 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. Therein, on 02.02.2018, the Tribunal passed the following order: "Heard both sides.

In view of common orders in O.A.No.444/2016 and batch, dt. 13-10-2017 and the order in O.A.No.3233/2017, dt.30-11-2017, which are relevant, issue notice before admission to the respondents returnable in four weeks, with a direction to file counter-affidavit."

In terms of the law laid down by the Supreme Court in L.Chandra Kumar v. Union of I ndia1, it is only a decision of the Tribunal constituted under the Administrative Tribunals Act, 1985, that would be amenable to judicial review by this Court under Article 226 of the Constitution. The order passed by the Tribunal issuing notice before admission would not amount to a decision which would fall within this category.

The writ petition is accordingly dismissed on this short ground. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 01.05.2018 Note:- Issue CC in two days.

(B/o) IBL 1 (1997) 3 SCC 261