IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 26830 of 2008 Between: 1 K.Ravi Kumar S/o.Ganganna Vijayawada,Krishna District 2 P.Padma Rao S/o.Gopal Khammam,Khammam District ..... PETITIONER(S) AND 1 Tenali Anand Kumar S/o.Prasada Rao District Industries Centre, Chittoor Chittoor District 2 The Government of Andhra Pradesh, rep.by its Principal Secretary,Industries and Commerce Department secretariat,Hyderabad 3 The Commissioner of Industries,Government of Andhra Pradesh, Chirag Ali Lane,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 particularly one in the nature of writ of mandmaus declare the order of the Hon`ble Tribunal dated 26.11.2008 passed in CA.No.758 of 2008 inOA.No.9185 of 2008 to the extent of suspending the G.O.Ms.No.865 Industries and Commerce (IE) Department dated 24.11.2008 and G.O.Ms.No.866 Industries and Commerce (IE) Department dated 24.11.2008 and consequential direction to the 3rd respondent not to issue consequential orders as ilegal, arbitrary,without power and jurisdiction and set aside the same with all consequential benefits and pass Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: GP FOR SERVICES I ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking Mandamus to declare the order of the Tribunal dated 26.11.2008 passed in C.A.No. 758 of 2008 in O.A.No. 9185 of 2008 to the extent of suspending the G.O.Ms.No. 865, Industries and Commerce (IE) Department dated 24.11.2008 and G.O.Ms.No. 866, Industries and Commerce (IE) Department dated 24.11.2008 and consequential direction to the third respondent not to issue consequential orders, as illegal and arbitrary. The Tribunal while exercising suo motu power under Section 17 of the Administrative Tribunals Act, 1985 r/w Sections 10 to 12 of Contempt Courts Act, 1971, directed the Principal Secretary, Industries and Commerce Department, Secretariat, Hyderabad to appear before the Tribunal on 17.12.2008 to show cause why he should not be punished under Contempt of Courts Act and till such time, suspended the G.Os. For better appreciation, the relevant portion of the order extracted hereunder: “The first respondent is directed to appear before this Court on 17.12.2008 to show cause as to why he should not be punished under contempt of Courts Act, and till such time the G.O.Ms.No. 864 Industries and Commerce (IF) Departmnet dated 24.11.2008, G.O.Ms.No. 865 Industries and Commerce (IF) Department dated 24.11.2008, and G.O.Ms. NO. 867 Industries and Commerce (IF) Department dated 24.11.2008 are suspended and the 2nd respondent- the Commissioner of Industries, Government of A.P., shall not issue any consequential orders pursuant to the above said G.Os, which are suspended herein. Post on 17.12.2008” Aggrieved by the same, the applicant filed CMA No. 332 of 2008 to recall the summons dated 17.12.2008 issued against the Principal Secretary Industries and Commerce Department and the Tribunal on 5th December 2008 passed the following order: “In view of the reasons stated in the CMA, and also in view of the orders passed by the Principal Secretary to Government and CIP in Memo No. 2365/IE/A1/08 dated 5.12.2008, the suo motu contempt is closed and the contemnors are discharged. Consequently, CMA., stands disposed of. No costs.” We have heard the learned counsel appearing for both sides. The learned Government Pleader for Services-I brought to our notice the Memo dated 5.12.2008, the relevant portion of which reads as under: “The attention of the COI is invited to the reference cited. In view of the orders of the Hon’ble APAT in the reference cited, the COI is requested to keep in abeyance the orders issued in ;the following G.Os. 1. G.O.Rt.No. 864 Industries & Com (IE) Dept dated 24.11.2008 2. G.O.Rt.No. 865 Inds. & Com. (IE) Dept dated 24.11.2008. 3. G.O.Rt.No. 866 Inds.& Com.(IE) Dept dated 24.11.2008. 4. G.O.Rt.No. 867 Inds. & Com. (IE) Dept dated 24.11.2008. By virtue of the orders passed by the Government dated 5.12.2008 keeping the G.O.Ms.Nos. 865 and 866, Industries and Commerce (IE) Department dated 24.11.2008 in abeyance, the cause in the present Writ Petition does not survive and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 18.12.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Government of Andhra Pradesh, rep.by its Principal Secretary,Industries and Commerce Department secretariat,Hyderabad 2. The Commissioner of Industries,Government of Andhra Pradesh, Chirag Ali Lane,Hyderabad 3. 2CC to G.P. for Services I, High Court of A.P., Hyderabad OUT 4. 2 CD copies