IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.1304 of 2008 AND WRIT PETITION No.5244 of 2007 Writ Appeal No.1304 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 17.07.2007 in WPMP.No.6694 of 2007 in Writ Petition No.5244 of 2007 on the file of the High Court.) Between: 1. The General Manager, South Central Railway, Rail Nilayam, Secunderabad. 2. The Carriage Repair Work Shop, South Central Railway, Tirupathi, represented by its Chief Work Shop Manager. ...Appellants And K. Muniratnam, S/o. K. Subrahmanyam, R/o. Settipalli Village, Tirupathi Urban Mandal, Chittoor District. ...Respondent Counsel for the appellant : Sri Gouri Shankar Sanghi Counsel for the respondent : Sri B.V. Krishna Rao Writ Petition No.5244 of 2007 Between: K. Muniratnam, S/o. K. Subrahmanyam, R/o. Settipalli Village, Tirupathi Urban Mandal, Chittoor District. ...Petitioner And 1. The General manager, South Central Railway, Rail Nilayam, Secunderabad. 2. Chief Workshop Manager, Carriage Repair Shop, S.C. Railway, Tirupathi. ...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 issue Writ of Mandamus or any other appropriate Writ or order or direction declaring that: (i) the action of the respondents in not providing suitable employment to the petitioner under land losers quota as arbitrary, illegal and unjust, (ii) the action of the respondents in not considering any of the representations made to them, in the facts and circumstances of the case, is arbitrary, illegal, unjust and as unsustainable, iii) the order of the Central Administrative Tribunal dt.8.12.2000 in O.A.No.1793/2000 in giving a bare direction for consideration of representation dt.25.6.1999 without any further directions is arbitrary, illegal, unjust and is unsustainable; and issue a consequential direction directing the respondents to consider the case of the petitioner and provide him with suitable employment with the respondents under Land Losers Quota. Counsel for the petitioner : Sri P. Hemachandra Counsel for the respondents : Sri Gouri Shankar Sanghi The Court made the following: JUDGMENT: (Per Anil R. Dave, C.J.) Writ Petition No.5244 of 2007 had been filed by the respondent in Writ Appeal No.1304 of 2008. As interim relief desired by the petitioner could not be obtained, the petitioner had filed Writ Petition No.7910 of 2007. It is pertinent to note that in the second petition, which was filed by the original petitioner i.e. the present respondent, it was not stated that Writ Petition No.5244 of 2007 had been filed by him earlier. In the afore-stated circumstances, the learned Advocate appearing for the original petitioner sought permission to withdraw one of the afore-stated two petitions. In the circumstances, on 8th December, 2008, the learned Advocate for the petitioner had assured this Court that a sum of Rs.2,500/- would be paid by way of costs to the learned Advocate appearing for the employer – appellant and accordingly, it was recorded in Writ Petition No.7910 of 2007 that Rs.2,500/- would be paid by way of costs. The said amount of costs is stated to have been paid in Writ Petition No.5244 of 2007 and, therefore, the said petition is permitted to be withdrawn. In view of the above, Writ Petition No.5244 of 2007 is disposed of as withdrawn with no order as to costs. In view of the withdrawal of Writ Petition No.5244 of 2007, Writ Appeal No.1304 of 2008 would also not survive and, therefore, that appeal also stands disposed of with no order as to costs. A copy of this order be also kept along with the papers of Writ Petition No.7910 of 2007. ANIL R. DAVE, C.J. 15th December, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The General Manager, South Central Railway, Rail Nilayam, Secunderabad. 2. The Chief Work Shop Manager, Carriage Repair Work Shop, South Central Railway, Tirupathi, 3. Two C.D. copies. ARS