IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Mr. JUSTICE GHULAM MOHAMMED and THE HON'BLE Mr. JUSTICE C.V.RAMULU WRIT PETITION No.20891 of 1999 Between: Srisailam, son of Narsaiah Agnoor village & P.O., Yalal Mandal R.R.District ..... PETITIONER AND 1 The Chief Postmaster General, Union of India A.P.Circle, Hyderabad 2 The Director of Postal Services, Hyderabad City Region, Hyderabad 3 The Senior Superintendent of Post Offices, Secunderabad Division, Secunderabad 4 M.Narasimlu son of Kanakaiah working as Extra Department Branch Postmaster, Agnoor B.O., Yalal Mandal, R.R. District ....RESPONDENTS 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 issue a writ , direction or order more specifically one in the nature of Writ of Mandamus directing the respondents to select the petitioner herein and to appoint the petitioner as BPM, Agnoor, being the most meritorious candidate, duly setting aside the order passed by the Hon'ble C.A.T., Hyderabad Bench in O.A.No.117/99, dt. 29/04/1999, declaring the same as arbitrary, illegal, unwarranted, misconceived and in violation of Articles 14 and 16 of the Constitution. Counsel for the Petitioner: Mr.SANAKA RAMAKRISHANA RAO Counsel for Respondents: Mr.A.RAJASHEKAR REDDY (ASST SOLICITOR GENERAL) The Court made the following : ORAL ORDER: (per GHULAM MOHAMMED,J) This Writ Petition is filed seeking a direction to the respondents to select and appoint the petitioner as Branch Post Master, Agnoor, by setting aside the Order dated 29-4-1999 passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No.117 of 1999. According to the petitioner, he passed SSC Examination and possesses agricultural property and was appointed as Branch Post Master, Agnoor, on provisional basis, on 19-9-1996. While so, a notification was issued by the 3rd respondent on 11-11-1996 for filling up of the post of Extra-Departmental Branch Post Master, Agnoor on regular basis. In pursuance of the said notification, he submitted application along with others. But, the authorities have selected one Venkatappa. Challenging the same, he filed O.A.No.38 of 1997 before the Tribunal. The said O.A. was disposed of on 10-9-1998 setting aside the selection of said Venkatappa and directing to select the meritorious candidates from among those candidates, who have responded to the notification dated 11-11-1996. In pursuance of the said direction, the 3rd respondent had selected the 4th respondent, who secured less marks than him. Aggrieved by the same, he filed the present O.A.No.117 of 1999. The Tribunal, after hearing both sides, dismissed the O.A. Challenging the same, the present Writ Petition is filed. Heard both sides. It is true that the petitioner was appointed as Extra Departmental Branch Post Master, Agnoor village, Ranga Reddy District on provisional basis with effect from 19-9-1996 and in pursuance of a notification issued by the 2nd respondent on 11-11-1996 for filling up of the said post on regular basis, he applied for the same. According to the official respondents, the application must be accompanied by a property certificate issued by the Mandal Revenue Officer and as the petitioner has not produced the property certificate and as he submitted only a sale deed of the year 1994, his name was not placed in the list of eligible candidates and his candidature was rejected. Further, there was no certificate issued by the Mandal Revenue Officer certifying that the land, as per the sale deed, is under the custody and ownership of the petitioner. The Tribunal, after considering the rival contentions, found that the sale deed submitted by the petitioner was registered in the year 1994 and the apprehension of the respondents that the said land might have been sold by 1996, when the selections took place, is a possible apprehension. Further, the Tribunal held that when the sale deed is not supported by the certificate of the Mandal Revenue Officer, it is for the petitioner to convincingly prove that the land in question is under his custody on the date of selection and he will produce the necessary documents in due course and if such a statement had been made in the application, the official respondents should not have rejected the application. But, in view of the defect in stating so by the petitioner, the official respondents have rightly rejected the application of the petitioner and selected the unofficial respondent. It is pertinent to notice that at column No.10 of the application, it was clearly mentioned that the applicant has to submit the property certificate from the revenue authorities. Since the petitioner has not submitted the property certificate issued by the revenue authorities (Mandal Revenue Officer) along with the application, the official respondents have rightly rejected the case of the petitioner and the same was correctly upheld by the Tribunal. We do not find any reason to interfere with the Order passed by the Tribunal. That apart, the unofficial respondent was selected in the year 1999 and now we are in the year 2008. At this length of time, we find that the cause in the Writ Petition does not survive for adjudication. The Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. _______________________ (GHULAM MOHAMMED,J) June 16, 2008 ____________ (C.V. RAMULU,J) prk