IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18309 of 2008 Between: The Director of Town and Country Planning, Andhra Pradesh, Hyderabad. ..... PETITIONER AND 1 Sri Marakonda Patnaikuni Janardhana Rao S/o. Mruthyunjaya Rao, Guntur Distirct, Guntur. R/o. Sudarshan Enclave, Vidyanagar, 3rd Lane, Near Saibaba Road, Guntur. 2 The Commissioner, Municipal Corporation of Guntur, Guntur District. (2nd respondent is a formal party, no relief is sought against him) .....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 particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 17-3-2008 in O.A.No.2042/2008, which were made absolute vide order made in V.M.A. No.539/2008 in O.A.No.2042/2008, dated 28-7-2008 and all further proceedings relating thereto on the ﬁle of the Hon'ble A.P. Administrative Tribunal, Hyderabad, and to quash or set aside the same by holding s erroneous and contrary to law and pass Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.18309 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the interim order dated 28-7-2008 passed in V.M.A.No.539 of 2008 in O.A.No.2042 of 2007 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad, by which the order dated 17-3-2008 passed earlier, was made absolute, pending disposal of the O.A. 2. The ﬁrst respondent ﬁled the above O.A. challenging the proceedings dated 02-8-2007 issued by the petitioner, whereunder he was kept under suspension having been in custody for more than 48 hours in a case of disproportionate assets to the known sources of income. The ﬁrst respondent is deemed to have been under suspension from the date of his arrest on 22-7-2007. Prima facie, the Tribunal has satisﬁed itself and in its discretion, granted interim suspension and after hearing both sides, made the interim suspension absolute, by following the orders of this Court in W.P.M.P.No.17992 of 2007 in W.P.No.14322 of 2007 dated 17-03-2008. Thus, the O.A. is still pending before the Tribunal and it has not been disposed of on merits. The Tribunal has merely made the interim suspension absolute, pending disposal of the O.A., and as there is no ﬁnal determination by the Tribunal, we are not inclined to express any opinion on the merits of the case. In the circumstances, the impugned order does not call for any interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. 3. The writ petition is accordingly dismissed at the stage of admission. However, the Tribunal is directed to dispose of the O.A. expeditiously, preferably within a period of eight weeks from the date of receipt of this order. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 22-08-2008 bsc