IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH 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 : 3438 of 2009 Between: Kaviti Tirupati Rao S/o. Rajanna R/o. Jagannadhapuram Village, Rentikota Post, Palasa, Srikakulam Dist. ..... PETITIONER AND 1 The Chairman State Level Police Recruitment Board Andhra Pradesh, Hyderabad. 2 The Superintendent of Police Vizianagaram. .....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 or order or direction more particularly one in the nature of Writ of Certiorari quashing the order of the A.P. Administrative Tribunal in O.A.No.3268 of 2008 dt.5-12-2008 and consequentially directing the Respondent No.1 to consider and dispose of the appeal filed by the petitioner dt.8-10-2007. Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 5.12.2008 passed in O.A. No. 3268 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad. O.A. was filed under Section 19 of the Andhra Pradesh Administrative Tribunals Act, 1985 to declare the action of the first respondent in not disposing of the appeal dated 8.10.2007 filed by the applicant as illegal, arbitrary and consequently direct the first respondent to dispose of the appeal forthwith. The learned counsel appearing for the petitioner contended that the Tribunal has ousted the jurisdiction of the appellate authority and filing of an appeal is a statutory right conferred under the Act inasmuch as it is for the appellate authority to adjudicate the issue on merits. We have heard the learned counsel appearing for both sides and also perused the impugned order. Having regard to the above facts and circumstances, without going into the merits of the case we deem it appropriate to direct the appellate authority to dispose of the appeal filed by the petitioner on 8.10.2007 on its own merits uninfluenced by the observations made by the Tribunal as expeditiously as possible. Accordingly, the Writ Petition is dispose of. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 20.2.2009 KA u ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chairman State Level Police Recruitment Board Andhra Pradesh, Hyderabad. 2 The Superintendent of Police Vizianagaram. 3. 2 CCs to G.P. for Home, High Court of A.P. Buildings, Hyderabad 4 2 CD copies