IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)

THURSDAY. THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE G.NARENDAR AND

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 3322 OF 2024

Between:

Tirupati Municipal Corporation, Tirupati, Tirupati District, Rep. by its Commissioner.

...PETITIONER

AND

• 1. S.Janardhan Naidu, S/o. S.Raju, Aged about ⁵⁹ years, Occ PH Worker in Tirupati Municipal Corporation, Tirupati, Chittoor District.
• 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 3. The Principal Secretary, Finance and Planning Department, Secretariat, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 4. The Commissioner and Director of Municipal Administration, Gorantia Guntur District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be' pleased to issue a writ of certiorari or any other appropriate writ or ■direction,.' calling for the records relating to the order of the AP Administrative Tribunal passed in OA.No.2044/2018 dated 25.09.2018 and quash the same.

lA NO: ¹ OF 2024

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the order of the AP Administrative Tribunal passed in OA.No.2044/201 8 dated 25.09.2018, pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI. KALAVA SURESH KUMAR REDDY (SC FOR MC RAYAL REGION, NELLORE)

Counsel for the Respondent No.1 & 3: GP FOR MUNCIPAL ADMIN AND URBAN DEVELOPMENT

Counsel for the Respondent No.2: FINANCE AND PLANNING

The Court made the following:

THE HON'BLE SRI JUSTICE G. NARENDAR AND

THE HON'BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.3322 of 2024

ORDER: (Per Hon 'ble Sri Justice G.Narendar)

Heard Learned Counsel for petitioner. Also heard Learned G P (S-I) /j and Learned G P (S-IV) representing the respondents.

2. The Order in question, rendered in O.A.No.2044 of 2018 came to be passed by the Tribunal on 25.09.2018. It is pertinent to note that subsequently, W.P.No.21758 of 2022 came to be preferred seeking for implementation of the Order passed by the A.P.A.T in the O.A noted supra. A Coordinate Bench, by Order dated 22.07.2022, had been pleased to dispose of the said Writ Petition with a direction to implement the Order dated 25.09.2018 passed by the Tribunal within a period of three (3) months. Now after the passage of nearly five (5) years, the instant Writ Petition is preferred impugning the order in O.A.

We decline to go into the merits of the impugned Order, 3. for otherwise we would be required to sit in appeal over the directions issued by the Coordinate Bench. In the event we hold the impugned order as bad we would be negating the order of the Co-ordinate Bench, which is impermissible in our hierarchical system. That this Bench cannot achieve directly would be doing so indirectly. Hence, the Writ Petition is liable to be dismissed on the short ground of delay and laches.

.. n

4. Accordingly, the Writ Petition stands dismissed. There shall be order as to costs. As a sequel, pending applications, if any, shall stand closed. no SDI- K. SRINIVASA RAJU

ASSISTANT //TRUE COPY// REGIS^TRAR

SECTION OFFICER

To,

1. One CC to SRI KALAVA SURESH KUMAR REDDY (SC FOR MC RAYAL REGION, NELLORE) Advocate [OPUC]

2. One CC to SRI Advocate [OPUC]

3. Two C.D Copies MBT

HIGH COURT

.DATED:08/02/2024

ORDER

WP.No.3322 of 2024

DISMISSING THE W.P WITHOUT COSTS