IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION Nos.13000, 13001, 13002, 13022, 13222, 13225, 13227, 13228, 13571, 13566, 13361, 13368 of 2009 W.P.No.13000 of 2009 Between: N. Thirupathaiah, S/o. Ankaiah, Prohibition & Excise Station, Vinukonda, presently working at Mangalagiri, Guntur District. ..... PETITIONER AND 1 M. Bala Krishna, S/o. Somaiah, Prohibition & Excise Station, Vinukonda, Guntur District. 2 The Deputy Commissioner of Prohibition & Excise, Guntur, Guntur District. 3 The Commissioner of Prohibition & Excise, Government of A.P. Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to interim orders of the Hon'ble A.P. Administrative Tribunal dated 30-4-2008 in OA No. 3495 of 2008 and quash the same. Counsel for the Petitioner: SRI J.R. MANOHAR RAO Counsel for the Respondent No.: . W.P. No. 13001 of 2009 Between: N.Thirupathaiah S/o.Ankaiah presently working at Mangalagiri, Guntur District. ..... PETITIONER AND 1 D.N.M. Nandeswara Rao S/o.Nagabhushanam Sullurupet, Nellore District. 2 The Deputy Commissioner of Prohibition and Excise, Guntur, Guntur District. 3 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to interim orders of the Hon'ble A.P. Administrative Tribunal dated 30.4.2008 in O.A.No.3496 of 2008 and quash the same. Counsel for the Petitioner: SRI J.R. MANOHAR RAO Counsel for the Respondent No.: . W .P. No. 13002 of 2009 Between: N.Thirupathaiah S/o Ankaiah Presently working at Mangalagiri,Guntur District ..... PETITIONER AND 1 N.Philip Raj S/o.Nagabhushanam Guntur Division,Nellore-2 2 The Government of A.P rep.by its Principal Secretary Revenue (Excise-I) Dept Secretariat,Hyderabad 3 The Commissioner Prohibition & Excise Department Government of A.P Hyderabad 4 The Deputy Commissioner Prohibition and Excise Government of A.P, Guntur .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to isssue a writ order or direction more in the nature of Writ of Certiorari calling for the records relating to interim orders of the Hon'ble A.P Administrative Tribunal dated 3-4-2008 in O.A No.2429 of 2008 and quash the same. Counsel for the Petitioner: SRI J.R. MANOHAR RAO Counsel for the Respondent No.: . W. P.No. 13022 of 2009 Between: N. Thirupathaiah, S/o. Ankaiah, Prohibition & Excise Station, Vinukonda, presently working at Mangalagiri, Guntur District. ..... PETITIONER AND 1 E. Laxmi Kumari, W/o. Late Sudhakar, Prohibition & Excise Inspector, Kavali, Nellore District. 2 The Deputy Commissioner of Prohibition & Excise, Guntur, Guntur District. 3 The Commissioner of Prohibition & Excise, Government of A.P. Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to interim orders of the Hon'ble A.P. Administrative Tribunal dated 30-4-2008 in OA No. 3494 of 2008 and quash the same Counsel for the Petitioner: SRI J.R. MANOHAR RAO Counsel for the Respondent No.: . W.P.No 13222 of 2009 Between: 1 The Deputy Commissioner, Prohibition & Excise, Guntur, Guntur District. 2 The Commissioner Prohibition & Excise, Government of A.P. Hyderabad. ..... PETITIONER(S) AND D.N.M. Nandeswara Rao, Proh. & Excise Sub Inspector Sullurupet, Nellore District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P. Administrative Tribunal, Hyderabad passed in OA No. 3496/2008 dt. 30-4-2008 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: W. P. No. 13225 of 2009 Between: 1 The Deputy Commissioner, Prohibition & Excise, Guntur, Guntur District. 2 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Hyderabad. ..... PETITIONER(S) AND M.Bala Krishna O/o. Proh. & Excise Superintendent Task Force, Ongole, Prakasam District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P. Administrative Tribunal, Hyderabad passed in O.A.No.3495/2008, 30.04.2008 as being erroneous, illegal and unreasonable and quash the same Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: W. P.No. 13227 of 2009 Between: 1 The Deputy Commissioner Prohibition & Excise, Guntur, Guntur District. 2 The Commissioner of Prohibition & Excise, Govt. of A.P., Hyderabad. ..... PETITIONER(S) AND E. Lakshmi Kumari, Prohibition & Excise Inspector, Kavali, Nellore District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ Order or Direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the orders of the Hon'ble Andhra Pradesh Administrative Tribunal passed in O.A.No.3494/2008, dated 30.04.2008 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . W.P.No. 13228 of 2009 Between: 1 The Govt of A.P rep.by its Principal Secretary, Revenue(Excise) Secretariat, Hyderabad 2 The Commissioner Prohibition & Excise Department Govt.Of A.P Hyderabad 3 The Deputy Commissioner Prohibition & Excise Govt.of A.P Guntur ..... PETITIONER(S) AND 1 N.Phili Raj Guntur Divsion,Nellore 2 Sri Bhujanga Rao Nellore District 3 Sri M.Thirupathaiah Vinukonda,Guntur District (RRs 2 and 3 are only Formal as no relief is sought against them) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P Admn Tribunal,Hyderabad passed in OA No.2429/2008 dated 03-04-2008 as being erroneous illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: W.P.No. 13571 of 2009 Between: 1 P.Rama Mohan S/o. P.Rama Lingappa Prohibition and Excise Station,Adoni,Kurnool District Bachannapalli,Gorantla(M) Anantapur District 2 B.Narsimhulu S/o.B.Narasimhulu Prohibition& Excise Station Tadiparti Anantapur District Rotary Puramu(P) Bukkaraya Samudramu(M) Anantapur ..... PETITIONER(S) AND 1V.Amarutha Laxmi W/o. Bakthiar Tirupathi,Chittoor District 2The Government of Andhra Pradesh rep.by its Principal Secretary, Prohibition and Excise Department,Secretariat Buildings,Hyderabad- 500022 3The Commissioner Prohibition & Excise Department Opposite Exhibition Gate,Napally,Station Road Hyderabad-500001 4The Deputy Commissioner Prohibition and Excise Kurnool,Kurnool District-515001 5N.Balakrishna 1995 Batch Deputy Commissioner of Prohibition & Excise Kurnool 6S.Krishna Kishore 1997 Batch Deputy Commissioner of Prohibition & Excise Kurnool 7L.Ranga Reddy 1997 Batch Deputy Commissioner of Prohibition & Excise Kurnool 8S.Govind Naik 2000 Batch Deputy Commissioner of Prohibition & Excise Kurnool 9K.Sahadeva 2001 Batch Deputy Commissioner of Prohibition & Excise Kurnool .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more in the nature of Writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P Administrative Tribunal dated 26-3-2008 in O.A No.2031/2008 and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE W. P. No. 13566 of 2009 Between: 1 P. Rama Mohan S/o. P. Rama Lingappa Prohibition & Excise Station, Adoni, Kurnool District. R/o. Bachannapalli, Gorantla Mandal, Anantapur District. 2 B. Narasimhulu S/o. B. Narasimhulu Prohibition & Excise Station,Tadipatri, Ananthapur District. R/o.Rotary Puramu (Post), Bukkaraya Samudramu (Mandal) Anantapur District. ..... PETITIONER(S) AND 1 C. Tejeswar Reddy S/o. C.V.S. Reddy Rajampeta, Kadapa District. 2 G. Tirumalaiah S/o. G.C. Goud Yerraguntla (under attachment to Prohibition & Excise Station, Tirupathi (Urban), Chittoor District. 3 Basheer Ahamad S/o. Nazeer Ahamed O/o. Asst. Commissioner of Prohibition & Excise Distilleries, Tirupathi, Chittoor District. 4 Y. Hemantha Kumar S/o. Rangaiah O/o. Excise Superintendent Task Force, Tirupathi, Chittoor District. 5 G. Chandrasekhar S/o. Nagama Naidu Enforcement Chittoor, Chittoor District. 6 The Government of Andhra Pradesh, rep. by its Principal Secretary, Prohibition & Excise Department, Secretariat Buildings, Hyderabad 500 022. 7 The Commissioner, Prohibition & Excise Department, Opp. Exhibition Gate, Nampally, Station Road, Hyderabad 500 001. 8 The Deputy Commissioner, Prohibition & Excise Kurnool, Kurnool District 515 001. 9 N. Balakrishna S/o. and age not known to the petitioner O/o. Deputy Commissioner or Prohibition & Excise, Kurnool. 10 S. Krishna Kishore S/o. and age not known to the petitioner O/o. Deputy Commissioner or Prohibition & Excise, Kurnool. 11 L. Ranga Reddy S/o. and age not known to the petitioner O/o. Deputy Commissioner or Prohibition & Excise, Kurnool. 12 S. Govind Naik S/o. and age not known to the petitioner O/o. Deputy Commissioner or Prohibition & Excise, Kurnool. 13 K. Sahadeva S/o. and age not known to the petitioner O/o. Deputy Commissioner or Prohibition & Excise, Kurnool. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more in the nature of Writ of Certiorari calling for the records relating to the orders of the Hon'ble A.P. Administrative Tribunal dated 9.4.2008 in O.A.No.2546 of 2008 and quash the same and to pass Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE W. P. No. 13361 of 2009 Between: 1 The Govt. of A.P. Rep by its Principal Secretary, Prohibition & Excise Dept., Secretariat Buildings, Hyderabad 2 The Commissioner of Prohibition & Excise Dept. Opp : Exhibition Gate Nampally Station Road, Hyderabad. 3 The Deputy Commissioner, Prohibition & Excise, Kurnool, Kurnool District. ..... PETITIONER(S) AND 1 C. Tejeswar Reddy, Proh. & Excise Sub-Inspector, Rajampet, Kadapa District (S.No. 173) 2 G. Tirumalaiah, Proh. & Excise Sub-Inspector, Yerraguntla (under attachement of Proh & Excise Station, Tirupathi (Urban) Chittoor District (S.No. 174) 3 Basheer Ahmed, Proh. & Excise Sub-Inspector, O/o. Asst Commissioner of Proh. & Excise, Distilleries,Tirupathi (Urban) Chittoor District (S.No. 179) 4 Y. Hemantha Kumar, Proh. & Excise Sub-Inspector, O/o. Excise Superintendent, Task Force, Tirupathi, Chittoor District (S.No. 182) 5 G. Chandrasekhar, Proh. & Excise Sub-Inspector, Enforcement, Chittoor , Chittoor District (S.No. 182) 6 N. Balakrishna, Proh. & Excise Sub-Inspector, for the purpose of service of notices O/o. Deputy Commissioner of Proh & Excise, Kurnool. 7 S. Krishna Kishore, Proh. & Excise Sub-Inspector, for the purpose of service of notices O/o. Deputy Commissioner of Proh & Excise, Kurnool. 8 L. Ranga Reddy, Proh. & Excise Sub-Inspector, for the purpose of service of notices O/o. Deputy Commissioner of Proh & Excise, Kurnool. 9 S. Govinda Naik, Proh. & Excise Sub-Inspector, for the purpose of service of notices O/o. Deputy Commissioner of Proh & Excise, Kurnool. 10 K. Sahadeva, Proh. & Excise Sub-Inspector, for the purpose of service of notices O/o. Deputy Commissioner of Proh & Excise, Kurnool. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn, Tribunal, Hyderabad passed in in OA No. 2546/2008 and dated 09-4-2008 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . W. P.No. 13368 of 2009 Between: 1 The Govt. of A.P., Rep. by its Prl. Secretary, Secretariat Bldgs., Hyderabad. 2 The Commissioner Exhibition Gate, Nampally Station Road, Hyderabad. 3 The Dy. commissioner, Kurnool. Kurnool District. ..... PETITIONER(S) AND 1 V.Amrutha Laxmi Sub-Divisional Task Force, Tirupathi, Chittoor District. 2 N. Balakrishna 1995 batch For the purposr of Service of notices, O/o. Dy.Commr. of Proh. & Excise, Kurnool 3 S.Krishna Kishore 1997 batch For the purposr of Service of notices, O/o. Dy.Commr. of Proh. & Excise, Kurnool 4 L.Ranga Reddy 1997 batch For the purposr of Service of notices, O/o. Dy.Commr. of Proh. & Excise, Kurnool 5 S. Govinda Naik 2000 Batch For the purposr of Service of notices, O/o. Dy.Commr. of Proh. & Excise, Kurnool 6 K.Sahadeva 2001 batch For the purposr of Service of notices, O/o. Dy.Commr. of Proh. & Excise, Kurnool RR 2-6 above are only formal as no relief is claimed against them in this WP ) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ, order or a direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the4 orders of the A.P. Administrative Tribunal passed in O.A.No. 2031/2008, dated 26.03.2008, and quash the same as being perverse, in excess of jurisdiction and contrary to law and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION Nos.13000, 13001, 13002, 13022, 13222, 13225, 13227, 13228, 13571, 13566, 13361, 13368 of 2009 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Heard the learned counsel appearing for the parties. In this batch of writ petitions, the interim orders passed by the Tribunal in the O.As filed by some of the petitioners-applicants are under challenge. W.P.No.24498 of 2008 and batch have been filed by the Government as well as the affected parties against the similar interim orders passed in O.As by the Tribunal, wherein this Court while allowing the aforesaid batch of writ petitions on 10.11.2008 observed that granting interim orders practically amounts to allowing the O.As and set aside the impugned orders passed by the Tribunal and directed the Tribunal to dispose of the O.As within two weeks from that day and to maintain status quo in the meanwhile. Learned counsel for the petitioners submits that as the Tribunal has not disposed of the said batch of O.As, it filed an application for extension of time, which was extended by this Court till 18.07.2009, and since the impugned orders in these batch of writ petitions are also connected, the Tribunal may be directed to dispose of the batch of O.As. Having regard to the facts and circumstances of the case, the writ petitions are allowed and the impugned orders passed by the Tribunal are set aside. In view of the fact that the process of promotions are effected in the department, the Tribunal is directed to dispose of the present batch of O.As. along with the other O.As. as directed by this Court in W.P.Nos.24498, 24499, 24500, 25048 and 25049 of 2008 pending before the Tribunal, as expeditiously as possible, in any case, within a period of one month from today. Till then, status quo obtaining as on today shall be maintained. Once again, in view of the urgency and importance of the matter where promotions on income generating department are effected causing impact on the State Exchequer, we request the Tribunal that there shall not be any delay in the disposal of the matters by the Tribunal beyond one month. V.ESWARAIAH,J P.SWAROOP REDDY,J Dt:15.07.2009 Note:Office to communicate the order to the Tribunal forthwith. bo usd