T. Ramanaiah v. The State Of Andhra Pradesh, Rep., By Its Principal,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT And HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.27748 OF 2018 ORDER: (Oral, Per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present Petition, the petitioners have challenged the order, dated 23.07.2018, passed in M.A. No.37 of 2018 in O.A. No.10157 of 2012 by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, 'the Tribunal'); whereby the application filed by the petitioners seeking to recall the order, dated 29.12.2015, in O.A. No.10157 of 2012 and restore it to its original position on the ground that due to oversight, on 29.12.2015, it was not noticed about listing of the Original Application, has been dismissed.

The present Petition is second round of litigation before this Court for the same relief. Vide order dated 21.02.2018, in Writ Petition No.5779 of 2018, this Court earlier, directed the Tribunal to dispose of M.A. No.37 of 2018 in O.A. No.10157 of 2012, on merits, by considering the Full Bench decision of this Court in G.Narasimha Murthy Vs. District Collector, Mahabubnagar1, within a period of two (2) weeks from the date of receipt of a copy of that order. However, the learned Tribunal, without considering the aforesaid direction, has dismissed M.A. No.37 of 2018 vide the impugned order.

Without much commenting on the manner the impugned order is passed, we hereby set-aside the order dated 23.07.2018 passed in M.A. No.37 of 2018 and, accordingly, direct the learned Tribunal to pass a fresh order, on merits, by duly considering the Full Bench decision of this Court 1 2006 (3) ALD 370 (FB)

SKK, J & AKS, J WP No.27748/2018 in G.Narasimha Murthy1, within a period of two (2) weeks from the date of receipt of a copy of this order.

We hereby make it clear that the Bench which has passed the order dated 23.07.2018 shall not pass the order and, hence, the matter shall be placed before another Bench.

Accordingly, with the above observations, the Writ Petition is allowed. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

______________________________ SURESH KUMAR KAIT, J ______________________________ ABHINAND KUMAR SHAVILI, J Date: 07-08-2018.

Dsh

SKK, J & AKS, J WP No.27748/2018 HON'BLE SRI JUSTICE SURESH KUMAR KAIT And HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI 13082018 WRIT PETITION No.27748 OF 2018 (Order of the Division Bench delivered by Hon'ble Sri Justice Suresh Kumar Kait) Date. 07-08-2018 DSH