IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF FEBURARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1042 OF 2006 Between: Mudhavat Lachi Ram & another ..... PETITIONER & The Govt. of AP rep. by its Prl. Secretary, Home Department, Hyderabad and another .....RESPONDENTS THE HOH’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE SANJAY KUMAR WP NO.1042 of 2006 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 4-4-2005 passed in MA No.194 of 2005 in MA (Sr) No.737 of 2005 in OA No.4528 of 1999 wherein the AP Administrative Tribunal, Hyderabad, dismissed the application filed to condone the delay in filing an application to restore the OA, which was dismissed for default. 2. Learned counsel for the petitioners strenuously contended that as the counsel representing the petitioners in the Tribunal shifted his office Baghlingampally to Hyderguda he could not observe the correct date of adjournment and therefore he could not represent the matter on 18-6-2004, the day on which the OA was dismissed for default. Learned counsel also contended that the for the fault of the counsel, the petitioners cannot be made suffer and therefore the impugned order is liable to be set aside and the petitioners be given an opportunity to putforth their case on merits. 3. Having regard to these facts and circumstances of the case, we are of the opinion that the petitioners should be given an opportunity to prosecute the OA on merits. Therefore, the impugned order is hereby quashed and the matter is remanded to the file of the Tribunal to pass orders on the condone delay application and the restoration application in accordance with law, expeditiously. The writ petition is accordingly allowed. No costs. _____________________ Ghulam Mohammed, J ___________________ Sanjay Kumar, J Dated : 24-2-2010 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER