IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Appeal No. 934 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/04/1999 in Writ Petition No.7208 of 1999 on the file of the High Court.) Between: The Chairman, Manjira Grameena Bank, Sangareddy, Medak District. ... APPELLANT AND 1) N. Ramachandra Reddy S/o. Laxma Reddy, aged 38 yers, Field Superviser, Manjira Grameena Bank, Branch Dubbak Mandal, Dubbak, Medak District. 2) The Departmental Promotion Committee, Manjira Grameena Bank, Sangareddy, Medak District. 3) N. Anandkumar, S/o. Lxminarasimharao, 37 years, Clerk-cum- Cashier, Narayankhed, Medak District. 4) A. Venu Madhav S/o. A. Raghuramaiah, aged 38 years, Clerkcum- Cashier, Manjira Grameena Bank, Saraswathinagar, Siddipet, Medak District. 5) Y. Nagender, S/o. Ghalappa, aged 40 years, Clerk-cum-Cashier, Manjira Grameena Bank, Pulkal, Medak District. 6) N. Prabu S/o. Gundaiah, aged 41 years, Clerk-cum-Cashier, Shanthinagar Branch, Sangareddy, Medak District. 7) N. Gopalreddy S/o. Narasireddy, aged 41 years, Hindu, Clerk-cum- Cashier, Manjira Grameena Ban, Bilalpur Branch, Medak District. ...RESPONDENTS Counsel for the Appellant: SMT. V. UMA DEVI FOR MR. K. SRINIVAS MURTHY Counsel for the Respondents: MR. RAMESH CHERUKU FOR MR. O. MANOHAR REDDY The Court made the following: ORAL JUDGMENT: (per Shri Anil R. Dave, Hon’ble the Chief Justice) 1. Being aggrieved by the order dated 19.4.1999 passed by the learned Single Judge in Writ Petition No.7208 of 1999, this appeal has been filed by original respondent No.1 – employer of the original petitioner. 2. Heard the learned advocates. 3. Looking to the facts of the case and the proceedings sheet, we are of the view that it is not necessary to discuss the facts pertaining to the case. 4. The writ petition was admitted on 06.4.1999 and while admitting the petition, the following order was passed: "Rule nisi. Call for records. Notice returnable in four weeks. Post immediately after vacation for hearing." 5. Though there was a specific direction that the writ petition should be notified for final hearing immediately after summer vacation, petition was notified on 09.4.2009. On that day, the following order was passed: "Post the case on Monday for orders in the motion list at first page." 6. Thereafter, the petitoin was notified on 15.4.1999 and on that day,the following endorsement was made in the proceedings sheet: "Post on 19.4.1999 for judgment" 7. The learned advocate for the appellant – original respondent No.1 has submitted that respondent No.1 had no opportnity to represent its case for the reason that on 06.4.1999, the notice was made returnable after four weeks and before the notice could be served upon respondent No.1, the petition had been finally decided. 8. Upon perusal of the impugned order, we find that the learned Single Judge has observed that the respondents had not filed any counter and they had not appeared . 9. We believe that the notices issued to the respondents must not have been served upon the respondents or the respondents might not be ready with the matter for the reason that the petition was to be heard after summer vacation. Looking to the above facts, in our opinion, the appellant – original respondent No.1 did not get any opportunity to represent its case before the learned Single Judge and, therefore, the impugned order is liable to be quashed and set aside. 10. The appeal is accordingly allowed with no order as to costs. The impugned order dated 19.4.1999 passed by the learned Single Judge is quashed and set aside. 11. Writ Petition No.7208 of 1999 is restored to file and is remanded to the Bench hearing the writ petitions so that the same can be decided on merits after giving the opportunity of hearing to the respective parties. 12. Registry is directed to list the writ petition for final hearing in the first week of September, 2009. ANIL R. DAVE, CJ August 25, 2009 C.V. NAGARJUNA REDDY, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {VSMI}