IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 4021 of 2009 Between: K. Jagpal Reddy, S/o. Late Venkata Reddy, O/o. Asst. Director, Survey and Land Records, Mahaboobnagar and President, TNGOs Survey & Land Record Branch Hyderabad-cum-Chairman, Survey Employees Joint Action Committee, Hyderabad. ..... PETITIONER AND 1 The Govt. of A.P. Rep by its Principal Secretary, Revenue (SS) Dept. Secretariat, Hyderabad. 2 The Commissioner, Survey, Settlement and Land Records, Govt. of A.P. Narayanaguda, Hyderabad. 3 Andhra Pradesh Public Service Commission, Rep by its Secretary, Pratibha Bhavan, M.J. Road, Nampally, Hyderabad. .....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 an appropriate writ, order or direction more in the nature of Writ of Mandmaus, declaring that issuing of notification No. 27/2007 dt. 11-12-2007 by the 3rd respondent is contrary to Rule 3 of Andhra Pradesh Survey and Land Records Service Rules 3 of Andhra Pradesh Survey and Land Records Service Rules issued in GO Ms.No. 339, Revenue (SS) Department, dt. 7-7-1995 in not issuing any interim orders suspending the said notification in OA No. 10380/2008 dated 23- 12-2008 APAT which is against article , 14, 16 & 21 of constitution and arbitrary and issued with clear non-application of mind and quash the same and pass Counsel for the Petitioner: MR.Y.V.SATYANARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order-dated 23.12.2008 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 10380 of 2008, in not issuing any interim orders suspending the notification No. 27/2007 dated 11.12.2007 by the third respondent, which is contrary to Rule 3 of Andhra Pradesh Survey and Land Records Service Rules issued in G.O.Ms.No. 339 Revenue (SS) Department, dated 7.7.1995. The Tribunal while admitting the matter issued notice to the respondents therein returnable in four weeks and posted the matter on 30.12.2008. The grievance of the petitioner is that the third respondent as per the letters addressed by the first respondent has issued notification dated 11.12.2007 for filling up of the 11 vacancies of Assistant Directors through direct recruitment contrary to the rules and if that happens the promotees will suffer a lot, as the quota allotted for direct recruits was already filled up in the year 2007 itself. His further grievance is that if the 11 vacancies are to be filled up with direct recruits, the entire cadre strength of 27 of the Assistant Directors will be manned by direct recruits only, which is contrary to the Rule 3 of A.P. Survey and Land Records Service Rules issued in G.O.Ms.No. 339 revenue (SS) Department dated 7.7.1995. We have heard the learned counsel appearing for both sides and also perused the order under challenge. Be that as it may, when once the Tribunal seized the matter and there is no decision rendered on merits, it is not fair for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal to dispose of the matter, as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 2.03.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Govt. of A.P. Rep by its Principal Secretary, Revenue (SS) Dept. Secretariat, Hyderabad. 2 The Commissioner, Survey, Settlement and Land Records, Govt. of A.P. Narayanaguda, Hyderabad. 3 Andhra Pradesh Public Service Commission, Rep by its Secretary, Pratibha Bhavan, M.J. Road, Nampally, Hyderabad. 4 2 CCs to G.P. for Revenue , High Court of A.P. Buildings, Hyderabad OUT 5. 2 CD copies