IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND NINE

PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 12307 of 2007

Between:

Perka Rajaiah S/o mallaiah RK-8 Incline, SCCL, Srirampur, Adilabad District.

..... PETITIONER

AND

• 1 The Singareni Collieries Comapny Ltd., rep by its Chief General Manager(Personnel), Kothagudem, Khammam District.
• 2 The chief General Manager, Singareni Collieries Company Ltd., Srirampur, Adilabad district
• 3 The Superintendent of Mines, RK-i Incline Singareni Collieries Company Ltd., Srirampur Area, Srirampur, Adilabad District.
• 4 The Chief Medical Officer, Area Hospital, Singareni Collieries Company Ltd., Kothagudem, Khammam District.

.....RESPONDENTS

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 or order or direction, especially one in the nature of Writ of Mandamus: i. declaring the Impugned Proceedings No. SRP/PET/2-006/7507 dt 20-12-2005 issued by the 2nd respondent as illegal and arbitrary. ii. consequently direct the respondents to reinstate the petitioner into Service, duly granting all other consequential benefits iii. and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner:MR.K.VASUDEVA REDDY

Counsel for the Respondent No.: MR.NANDIGAM KRISHNA RAO

THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO

WRIT PETITION No. 12307 of 2007

ORDER:

Learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to the writ petitioner to prosecute the alternative and efficacious remedy of preferring an appeal against the impugned order.

Subject to the condition that if the petitioner prefers the appeal within 30 days, the appellate authority may entertain the same and pass appropriate orders thereon on merits.

The writ petition is dismissed as withdrawn. No costs.

NOOTY RAMAMOHANA RAO,J

Date 05.06.2009 usd