M.Hariprasad v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD W.P.No. 17886 OF 2016 DATED 09TH JUNE, 2016 Between:

M.Hariprasad and another ... Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others ... Respondents Counsel for the petitioners : Sri Ch.Ravi Kumar Counsel for respondent Nos. 1 to 5 : G.P. for Revenue (A.P.) Counsel for respondent Nos. 6 & 7 : -- THE COURT MADE THE FOLLOWING ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Respondent Nos. 6 and 7 in O.A.No. 407 of 2014 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, 'the Tribunal') filed this Writ Petition feeling aggrieved by order dated 16-03-2016 passed therein.

2. A perusal of the impugned order shows that the Tribunal has allowed the O.A. based on the concession made by learned counsel for the petitioners herein (respondent Nos. 6 and 7 in the O.A.). Learned counsel for

the petitioners submitted that the counsel for the petitioners have not given any concession as recorded by the Tribunal. In our opinion, an order passed, based on concession, cannot be challenged before higher Courts, until the aggrieved party files a review and is unsuccessful in convincing the Court, to recall the order. As the petitioners have not followed this procedure, we are not inclined to entertain this Writ Petition at this stage. The Writ Petitioners are, therefore, left with the liberty to file review before the Tribunal.

3. For the above mentioned reasons, the Writ Petition is dismissed, however, with liberty to the petitioners to avail the remedy of review as observed hereinabove.

4. As a sequel to dismissal of the Writ Petition, W.P.M.P.No. 21992 of 2016 shall stand dismissed as infructuous.

________________________ C.V.NAGARJUNA REDDY, J.

___________________ G.SHYAM PRASAD, J.

Date: 09-06-2016.

JSK