IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1706 of 2009 Between: K.Srinivasa Reddy, [No 15313382-Y Sapper] 17 Engineer Regiment, Presently on Extra Regtl Employment with 1105 Railway Engineers [Territorial Army] Moula Ali HYDERABAD[AP] ..... PETITIONER AND 1 The Union of India Through Secretary Ministry of Defence Government of India, NEW DELHI-110 011 2 The Officer In-Charge Madrass Engineers Group Records, BANGALORE[KAR] 3 The Commanding Officer, 1105 Railway Engineer [TA] Moula Ali HYDERABAD[AP] .....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 direction, orders or a writ; more appropriately one in the nature of a WRIT OF MANDAMUS directing/declaring the action of the respondents herein "Declare 2nd Respondent action of ordering/reverting the peitionr herein from Hyderabad[AP] to is parent Unit/opertionally active unit at Indopakistan Borders by issuing proceedings Posting Order No.1768/CAQ[O]/TDN/86 dated 13 Oct 2008 [not served to the petitioner herein], and consequent Movement order No.124/OUT/PS dated 31.01.2009 issued by the 3rd Respondent herein, as being in conflict with petitioner statutory right to last -leg posting at his Home-Place Preparatory to his pre-mature retirement on 30.06.2009 as well as Fundamental Rights guaranteed under Article 14, 16 and 21 of the Constitution of India and threfore ULTRA VIRES'' and pass Counsel for the Petitioner:MR.CAPT.K.M.SAXENA Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1706 OF 2009 ORDER: Learned counsel for the petitioner seeks permissions to withdraw this writ petition. Permission as sought for is accorded. Accordingly, this writ petition is dismissed as withdrawn. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 4th February, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 1706 OF 2009 4th February, 2009.