IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 9493 of 2009 Between: K.S.Balaji S/o.Late K.Venkatarantam Bheemunipatnam Visakhapatnam District ..... PETITIONER AND 1 The Deputy Inspector of General and Stamps Visakhapatnam 2 The Commissioner and Inspector General Of Registration and Stamps N.B.K Estate R.T.C Cross Road,Hyderabad 3 Sate of A.P rep.by its Prinicipal Secretary to Government Revenue Registration-I) Department Secretariat,Hyderabad 4 K.Nageswar Rao S/o Krishna Rao, 50 R4 is impleaded as per Court order dt: 01-07-2009 in WPMP.15385/2009 .....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, order or direction more in the nature of writ of Certiorari calling for the records relating to the order of the A.P Administrative Tribunal dt 28-4-2009 in O.A No.5503 of 2009 and quash the same and further declare the proceedings No.E/1670/2005 dt 4-2- 2009 issued by the 1st respondent as illegal, bad and arbitrary in so far it relates to restricting the stay of the petitioner at Bheemunipatnam upto 30-4-2009 as illegal, bad and arbitrary and consequently set aside the same and further declare that the petitioner is entitled to be continued at Bheemunipatnam for a period of 6 years as office Bearer in terms of the Government Circular Memo No.26135/Ser.wel/2002-1 dt 19-6-2002. Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE V.ESWARAIAH & THE HONOURABLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.9493 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) This writ petition is filed challenging the Order of the Andhra Pradesh Administrative Tribunal (hereinafter referred to as “the Tribunal”), dated 28.04.2009 in O.A.No.5503 of 2009. The petitioner is the applicant in the said O.A. Before the Tribunal, the petitioner questioned the order of the transfer made by the Deputy Inspector General of Registration and Stamps, dated 04.02.2009 in proceedings No.E1/1670/2005, transferring him from Sub-Registrar’s Office, Bheemunipatnam to Sub-Registrar’s office, R.O(OB) Srikakulam on the ground that the earlier transfer orders made by the Deputy Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad, dated 31.12.2008, transferring him from Sub-Registrar’s office Bheemunipatnam, Visakhapatnam District to Sub-Registrar’s office, Srikakulam cannot be implement in view of the orders of the Government in Memo No.63687/Reg.I(1)/2008-2 dated 20.01.2009. By the aforesaid Memo, the Government accorded permission for retention of the petitioner as Sub-Registrar Grade-I, at Bheemunipatnam, Visakhapatnam District till the next general transfers. It is stated that the general transfers are going on. It is stated that till the general transfers are going on, contrary to the aforesaid Government order, the first respondent issued the transfer order dated 04.02.2009, transferring the petitioner from the office of the Sub- Registrar, Bheemunipatnam to Srikakulam. Questioning the said order, O.A. No.5503 of 2009 was filed. But the Tribunal dismissed the said O.A. on the ground that the petitioner has already completed more than three years of service, therefore, he has no right to continue in the office of Bheemunipatnam, Visakhapatnam District. Against the said dismissal Order, this writ petition is filed. This court while admitting the writ petition, granted order of status- quo existing as on 30.04.2009 till the general transfers or till 09.06.2009 whichever is earlier, and subsequently the said order was extended until further orders by order dated 09.06.2009. As the general transfers are going on, we are of the opinion that the order of first respondent dated 04.02.2009 is contrary to the Government order in Memo No.63687/Reg.I(1)/2008-2 dated 20.01.2009 under which the petitioner was ordered to be retained till the next general transfers. Therefore, the impugned order of the Tribunal and also the order of 1st respondent dated 04.02.2009 are set aside. However, it is made clear that this order does not preclude the respondents to transfer the petitioner in general transfers, as per guidelines. The writ petition is accordingly disposed of. In view of disposal of this writ petition, the interim order of status quo, granted earlier, shall stand discontinued. ___________________ V.ESWARAIAH,J ________________________ P.SWAROOP REDDY,J 6th July, 2009. Ivd/Dsr