THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 32322 of 1998 Between: S.V. Nancharayya ….. Petitioner and A.P.State Seeds Development Corporation Ltd., Rep. by its Managing Director & another ….. Respondents O R D E R: This Writ Petition has been instituted seeking mandamus to declare the action of the 1st respondent Corporation in promoting the 2nd respondent as illegal. The 2nd respondent, though has been impleaded, has not been served so far. When this matter appeared on 13.11.2009 and 08.12.2009, the same has been adjourned granting permission to the learned counsel for the writ petitioner to serve the 2nd respondent and to file proof of service in that regard. Unfortunately, the 2nd respondent has not been served so far. No proof of service is filed either. When promotion on an individual is called in question, a decision on merits cannot be rendered in his absence. No Court can pass an order which is likely to affect the interests and rights of a party behind his back. Since the 2nd respondent has not been served perhaps for want of correct address, this Writ petition cannot be decided behind his back. It is an old matter of the year 1998. I do not wish to keep this matter pending any further. The Writ Petition is therefore, dismissed, as it cannot be decided on merits in the absence of the 2nd respondent. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 5th February 2010 ksld