The Commissioner A P Vaidya Vidhana Parishad v. Dr M Kailash Mohan

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N.BALAYOGI WRI T PETI TI ON No.22614 of 2013 ORDER: (per SK,J) This writ petition was filed by the authorities of the Vaidya Vidhana Parishad aggrieved by the interim order dated 03.04.2013 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.2169 of 2013.

By order dated 31.07.2015, this Court granted interim suspension of the order under challenge.

W.V.M.P.No.2630 of 2013 was filed by the first respondent to vacate the aforestated order.

Heard Smt. Rachana S Waddepalli, learned counsel for the petitioners, and Sri S.Gopal Rao, learned counsel for the first respondent. As O.A.No.2169 of 2013 is in the process of being transferred to this Court consequent upon the abolition of the Andhra Pradesh Administrative Tribunal insofar as the State of Telangana is concerned, we are of the opinion that adjudication of this writ petition on merits is not warranted at this stage.

Smt. Rachana S Waddepalli, learned counsel, states that a vacate miscellaneous petition has already been filed by the petitioners herein in the said O.A.

That being so, the petitioners necessarily have to pursue the vacate stay petition filed by them which would now be transferred to this Court. As there is no possibility of the first respondent initiating any coercive measures for compliance with the interim order granted by this Court, we see no reason to extend the same.

The writ petition is accordingly dismissed on this short ground leaving all issues open for the petitioners to pursue in the O.A. as and when it was transferred.

Interim order dated 31.07.2015 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR __________________ JUSTI CE N.BALAYOGI Date:11.04.2017 GJ