IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 418 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 05/03/2007 in WP NO : 16180 OF 1996 on the file of the High Court.) Between: N.Sathyanarayana S/o.Bhadraiah, R/o.Palvoncha, Khammam District ..... APPELLANT AND 1 The District Collector, Khammam 2 The Joint Collector, Khammam 3 The Revenue Divisional Officer, Kothagudem Khammam District 4 The Superintendent of Police, Khammam 5 The Chief Engineer (APSEB),Kothagudem Thermal Power Station, Palvoncha,Khammam District .....RESPONDENTS Counsel for the Appellant :MR.C.NARENDER Counsel for the Respondents : GP FOR SOCIAL WELFARE The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 418 of 2008 ORDER : (Per Hon’ble The Chief Justice Sri Anil R.Dave) Learned advocate for the appellant, without arguing the matter on merits, has prayed for withdrawal of the appeal as well as the writ petition so as to enable the appellant/writ petitioner to file appeal under the provisions of Section 7 of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 (hereinafter referred to as ‘the Act’). It has been submitted by him that the Act came into force with effect from 15th May 1997, and, therefore, the remedy of appeal was not available to the appellant/writ petitioner at the time when the writ petition was filed. Some disputed questions of fact were also involved in the writ petition and, therefore, the learned advocate prays for withdrawal of the writ petition as well as this writ appeal. Looking to the peculiar facts of the case, the appeal as well as the writ petition are permitted to be withdrawn. We clarify that the observations, which have been made in the writ petition would not be taken into account by the appellate authority if facts contrary to the facts recorded in the writ petition are placed before the appellate authority by leading some evidence, or otherwise, by the appellant/writ petitioner. If the appeal is filed within 15 days from today, we are sure that the appellate authority shall consider the appeal without going into the technicalities. Appeal stands disposed of as withdrawn. _________________ ANIL R. DAVE, CJ 24th April 2008 ______________________ R. SUBHASH REDDY, J ajr To: 1 The District Collector, Khammam District. 2 The Joint Collector, Khammam 3 The Revenue Divisional Officer, Kothagudem Khammam District 4 The Superintendent of Police, Khammam 5 The Chief Engineer (APSEB),Kothagudem Thermal Power Station, Palvoncha,Khammam District