IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3741 of 2007 Between: 1 The Government of Andhra Pradesh represented by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2 The Director of Municipal Administration, A.P., Hyderabad. ..... PETITIONER(S) AND 1 Sri P.J.Sampath Kumar, s/o Chinnappa, (M.C.Gr.II) O/o the Director of Municipal Administration, Hyderabad. 2 Sri B.Ramamohan, s/o B.H.R.Rao, Kalahasti, Chittoor District. 3 Smt.K.Bhagya Lakshmi, d/o Sri K.V.Reddy, Tadipatri, Ananthapur District. 4 Sri A.Venkateswarlu, s/o A.Kotaiah, Mandamarri Municipality. 5 G.Krishna Mohan, s/o G.Janakiramaiah, Peddapuram Municipality, E.G.District. .....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 issue an appropriate writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with order dt.04-12-2006 in O.A.No.6547/2003 with V.M.A.No.47/05 on the file of the Hon'ble A.P.A.T., Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law and pass such order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed by the petitioner seeking to quash the interlocutory order of the A.P. Administrative Tribunal, Hyderabad (for short ‘Tribunal’) in O.A.No.6547 of 2003 dated 04-12-2006. The order of the Tribunal reads as under: “In this case, the Joint Director of Directorate has filed counter whereas the counter should have been filed by the Government, whose orders have been stayed, in support of the impugned orders. As no counter has been filed by the concerned respondent, the interim orders granted in this O.A., are made absolute.” A perusal of the impugned order would go to show that though the Joint Director of Directorate has filed counter on behalf of petitioners herein, the Tribunal merely observing that the concerned respondent has not filed the counter, made the interim orders granted in O.A. absolute. Since the Tribunal failed to take into consideration the counter filed by the Joint Director, we set aside the order passed in O.A.No.6547 of 2003 dated 04-12-2006 and remit the matter to the Tribunal to reconsider after taking into consideration the counter filed by the Joint Director of Directorate on behalf of the petitioners herein and pass appropriate orders thereon. Accordingly, the writ petition is allowed. No costs. ________________________ GHULAM MOHAMMED,J ____________________ C.V.RAMULU,J Dt:16-07-2008 usd