IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8439 of 2009 Between: A. Narasimha Reddy S/o. Late A. Masi Reddy South Zone, Greater Hyderabad Municipal Corporation Hyderabad (Now Posted as Assistant Returning Officer No. 66, Charminar Assembly Constituency) Hyderabad. ..... PETITIONER AND 1 The Additional Commissioner (UCD) Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Hyderabad. 3 The Zonal Commissioner (South Zone) Greater Hyderabad Municipal Corporation, Hyderabad. and Returning Officer, 66, Charminar Assembly Constituency,. Sardar Mahal, Charminar, Hyderabad. 4 Government of A.P. Rep. by its Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 5 The Chief Election Commissioner, State of Andhra Pradesh, Secunderabad. .....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 a writ order or direction more in the nature of Mandamus declaring the impugned Orders issued by the Additional Commissioner (UCD) Greater Hyderabad Municipal Corporation, Hyderabad in Proc. No. 7839/E5/UCD/GHMC/2009-85 dt. 31-3-2009 and the orders issued by the Administrative Tribunal in OA No. 4950 of 2009 on 1-4-2009 as illegal, arbitrary unjust and subversive of Articles 14, 16 and 21 of the Constitution and consequently hold that the petitioner is entitled to continue as Project Officer, UCD, Greater Hyderabad Municipal Corporation. Hyderabad till he completes the deputation period with all consequential benefits including payment of salaries and pass Counsel for the Petitioner:MR.A.TIRUPATHI GOUD Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order dated 1.4.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 4950 of 2009, wherein the Tribunal pending disposal of O.A, issued notice before admission to the respondents returnable in two weeks. As seen from the order passed by the Tribunal, the Tribunal issued notice before admission returnable in two weeks so as to enable the Government Pleader to file counter affidavit. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not fair for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal, Hyderabad to dispose of the matter, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 23.4.2009 KA Note: Furnish a copy to the Registrar, A.P. Administrative Tribunal, Hyderabad. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Commissioner (UCD) Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Commissioner & Special Officer, Greater Hyderabad Municipal Corporation, Hyderabad. 3 The Zonal Commissioner (South Zone) Greater Hyderabad Municipal Corporation, Hyderabad. and Returning Officer, 66, Charminar Assembly Constituency,. Sardar Mahal, Charminar, Hyderabad. 4 Government of A.P. Rep. by its Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 5 The Chief Election Commissioner, State of Andhra Pradesh, Secunderabad. 6. 2 CD copies