HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL No.1383 of 2009 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) Heard both sides, and at their request, the main appeal itself is taken up for disposal at the admission stage. This appeal is at the instance of the Railways aggrieved against the interim orders passed by the learned Single Judge whereby and whereunder the interim suspension granted earlier in favour of the first respondent/writ petitioner was made absolute. The main subject matter pertains to cancellation of a certificate as long back as on 26/12/1995. It is submitted that on behalf of the writ petitioner several grounds have been urged and hence, the interim suspension has been granted. However, having regard to the fact that the notification was not published in the A.P. State Gazette as per the mandatory requirement as per Section 7 (2) of A.P. (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993, the interim suspension was made absolute. At this stage, no other contention urged on behalf of the writ petitioner has come up for consideration. Therefore, the learned counsel for the writ petitioner submits that this gazette notification is produced for the first time in the appeal and the same has not come up for consideration before the learned Single Judge. Having regard to the aforesaid reasons and since the learned counsel for the writ petitioner states that several other grounds have also been urged including the jurisdiction of the authority who passed the orders, it is felt desirable that the matter should be re-heard. Accordingly, the Writ Appeal is allowed and the order dated 24/04/2009 in W.V.M.P.No.4198 of 2008 is set aside. Office is directed to post the application in W.V.M.P.No.4198 of 2008 in W.P.M.P.No.20859 of 2006 before the learned Single Judge for fresh disposal on merits. We make it clear that till disposal of the interim application, the interim suspension granted by the learned Single Judge shall continue to remain in force. No costs. _________________ B.PRAKASH RAO, J ___________________ G.V.SEETHAPATHY, J 19th January, 2010 SKM