Pennada Sekhar Rao, v. The State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.20594 of 2016 30.06.2016 Between:
Pennada Sekhar Rao ..Petitioner And The State of Andhra Pradesh, represented by its Principal Secretary, Home Department, Hyderabad and others ..Respondents Counsel for the petitioner: Mr.D.V.Madhusudhan Rao Counsel for respondent Nos.1 to 6: Government Pleader for Services (AP) Counsel for respondent No.7: -- The Court made the following:
ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for a mandamus to declare the action of respondent Nos.1 to 6 in not implementing the order, dated 12.02.2015 in O.A.No.7351 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') - respondent No.7.
2. Ex facie, this writ petition is not entertainable for the reason that if the order of the Tribunal is not implemented, the petitioner has the remedy of filing a contempt case under the provisions of the Administrative Tribunals Act, 1985. But having not availed the said remedy on the ground that he could not approach the Tribunal within the period of limitation prescribed for filing the contempt case, the petitioner cannot invoke the jurisdiction of this Court, which cannot be treated as a Court for executing the orders of the Tribunal.
3. Therefore, the Writ Petition is wholly misconceived and the same is, accordingly, dismissed. The petitioner, however, shall be free to avail any other remedy available to him in law.
4. As a sequel to dismissal of the writ petition, W.P.M.P.No.25240 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.
___________________________ C.V.NAGARJUNA REDDY, J _______________________ G.SHYAM PRASAD, J 30th June, 2016 GHN