HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 33594 OF 2010 Between: The Municipal Corporation of Guntur represented by its Commissioner, Sri M.M. Nayak, S/o Balaram Nayak ………….Petitioner AND Shaik Peer Mohammed S/o Freed Saheb aged 51 years and three others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to the orders dated 01.12.2010 passed in O.A.No. 8413 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal. Pending final adjudication of O.A, the Tribunal by order dated 23.9.2010 passed the following interim order: “Interim order: Pending disposal of the O.A., there shall be interim suspension of the impugned proceedings Roc.No. 5206/07-E1, dated 10.11.2010 issued by the 1st respondent” Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for Municipalities and also perused the material made available on record. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not open for this Court to determine the rights of the parties. Hence, we are not inclined to exercise our jurisdiction inasmuch as there is no decision rendered by the Tribunal on merits. The Supreme Court in L. CHANDRA KUMAR VS. UNION OF INDIA[1], also observed as under: “The jurisdiction conferred upon the High Courts under Articles 226/227 and upon the Supreme Court under Article 32 of the Constitution is a part of the inviolable basic structure of our constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution.” Following the above judgment, the Writ Petition is dismissed. However, the Tribunal is directed to dispose of the O.A. viz., O.A.No. 8413 of 2010, as expeditiously as possible. However, it is open for the petitioner to file an application within a period of four weeks from today seeking to vacate the order dated 1.12.2010 passed in O.A.No. 8413 of 2010 on the file of A.P. Administrative Tribunal, Hyderabad. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ______________________ K.G.SHANKAR , J DATE: 31.1.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies. [1] (1997) 3 SCC 261