IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 33476 of 1998 Between: Nagarjunasagar Project Left Bank Canals Employees and Workshop Workers Union, regd.No.2882(Affiliated to INTUC) 18-110/10, Ashoknagar Miryalaguda ..... PETITIONER AND 1. State of Andhra Pradesh rep. by its Principal Secretary, Irrigation & Command Area Development (Ser.V) Department, At Secretariat, Hyderabad. 2. Engineer-in-Chief, AWI & CAD Wing, Erramanzil, Somajiguda, Hyderabad. 3. Chief Engineer, Nagarguna Project Left Bank Canal, Hill Colony, Vijayapuri North, Nalgonda district. 4. Superintending Engineer, O&M Circle, Irrigation Department, Miryalaguda, Nalgonda. 5. Superintending Engineer, Nagargunasagar Project Left Bank Canals (O&M Circle), Irrigation Department, Tekulapalli, Khammam district. .....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 issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the G.O. Ms. No. 337 and 338 dt. 12/10/1998 issued by irrigation and Command Area Development (Ser-V) department on the file of first respondent, as illegal, arbitrary and without jurisdiction and consequently set aside the same and pass such further order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI G.VIDYASAGAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The relief sought for in this writ petition is against the Government of Andhra Pradesh. In view of the law laid down by the Supreme Court in L.CHANDRA KUMAR v. UNION OF INDIA[1], the petitioner herein ought to have invoked the jurisdiction of the A.P.Administrative Tribunal, which is the Court of first instance, for the relief sought for in this writ petition before he could approach this Court under Article 226 of the Constitution of India. Leaving it open to the petitioner, if it so chooses, to avail its remedies before the A.P.Administrative Tribunal, the writ petition fails and is accordingly dismissed. _______________________ (RAMESH RANGANATHAN,J) 19th February, 2008 v v Copies to: 1.Principal Secretary, Irrigation & Command Area Development (Ser.V) Department, Secretariat, Hyderabad. 2.Engineer-in-Chief, AWI & CAD Wing, Erramanzil, Somajiguda, Hyderabad. 3.Chief Engineer, Nagarjunasagar Project Left Bank Canal, Hill colony, Vijayapuri North, Nalgonda District. 4.Superintending Engineer, O & M Circle, Irrigation Department, Miryalaguda, Nalgonda. 5. Superintending Enginner, Nagarjunasagar Project Left Bank Canals (O & M Circle), Irrigation Department, Tekulapalli, Khammam District. 6. Two C.Cs to the Government of Irrigation, High Court of A.P. High Court Buildings, Hyderabad (OUT) 7. Two C.Ds copies [1] AIR 1997 SC 1125