IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 18963 of 2008 Between: 1 The Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad. 2 The Government of Andhra Pradesh, rep by its Principla Secretary, Revenue (C.T), Department, secretariat, Hyderabad. ..... PETITIONER(S) AND U.Malakondaiah, Commercial Tax Officer, (under Suspension), Ramachandrapuram Circle, Kakinada Division, East Godavari District. .....RESPONDENT 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 Writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the hon'ble A.P.Admn Tribunal, Hyderabad passed in C.A.No.388/2008 in O.A.No.2051/2008 dated 23.06.2008 as being erroneous, illegal and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Writ Petition No.18963 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled challenging the order dated 23-06-2008 passed in C.A.No.388 of 2008 in O.A.No.2051 of 2008 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad, whereunder the Tribunal ordered notice in contempt application and listed the matter on 21-07-2008. 2. The respondent ﬁled the above contempt application complaining that the petitioners herein have not complied with the interim order of the Tribunal in O.A.No.2051 of 2008. The respondent was arrested in a criminal case on the allegation that he is in possession of assets disproportionate to the known sources of income and subsequently, he was placed under suspension, which was challenged before the Tribunal. The Tribunal relying upon the interim order of this Court in W.P.M.P.No.17992 of 2007 in W.P.No.14322 of 2007, suspended the order of suspension. When the interim order was not complied, the respondent moved a contempt application. Hence, this writ petition is ﬁled by oﬃcial respondents in contempt application. 3. Heard learned Government Pleader for Services-II and perused the record. 4. Learned Government Pleader contended that the Tribunal ought not to have revoked the suspension order as the respondent is involved in a criminal case alleging that he is in possession of assets disproportionate to the known sources of income and that an application being V.M.A.No.497 of 2008 was ﬁled seeking to vacate the interim order dated 11-01-2008. Learned Government Pleader further submits that the Tribunal has not passed any order in vacate petition, which was ﬁled before issuing notice in contempt application. 5. We have considered the contentions advanced by the learned Government Pleader and perused the impugned order. It is seen from the record that the petitioners have ﬁled V.M.A.No.497 of 2008 seeking to vacate the order by which the suspension of the respondent was revoked and the same is pending. Further, the vacate petition was ﬁled even prior to the ﬁling of the contempt application. When the vacate petition is pending, the Tribunal ought to have taken it up for consideration, but proceeded with the contempt application. Having regard to the pendency of V.M.A.No.497 of 2008, we are not inclined to entertain the writ petition. However, we deem it just and appropriate to direct the Tribunal to dispose of the said VMA on merits, uninﬂuenced by the observations made hereinabove, within a period of two weeks from today. 6. Subject to above, the writ petition is dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 02-09-2008 Note: Dispatch copy of the order today. (b/o) bsc