K. Venkateswara Rao v. The State of Telangana, rep. by its Principal Secretary

Telangana HC8 Feb 2016WP/2527/2016

Case brief

AI extract

What is this about?

The High Court closed this writ petition challenging a Tribunal order. It held that since the Tribunal admitted the anticipated appeal and ordered notices for a final decision on the petitioner's allocation to State of Telangana, the writ court exercised caution as the petitioner could approach the Tribunal for relief.

What did the court decide?

No writ or order was issued; the writ petition was closed as an alternative remedy exists via the Administrative Tribunal.

K. Venkateswara Rao Vs The State of Telangana, rep… — Service and Employment | Telangana HC (2016)

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HON’BLE SRI JUSTICE G. CHANDRAIAH &

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HON’BLE SRI JUSTICE U.DURGA PRASAD RAO

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W.P.No. 2527 of 2016

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DATE: 08.02.2016

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Between:

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K. Venkateswara Rao .. Petitioner And The State of Telangana and nine others .. Respondents

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O R D E R:- (per Hon’ble Sri Justice G. Chandraiah)

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This writ petition is filed for the following substantive relief:

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“to issue a writ or order more in the nature of Writ of Mandamus to declare the Orders No.31(1)/2015, dated 30.11.2015 of the 7^th respondent insofar as the petitioner’s allocation to State of Telangana and the interim orders in O.A.No. 7191/2015, dated 29.12.2015 whereunder final allocation of the petitioner to the State of Telangana will be subject to final result in the Original Application, as illegal, arbitrary and unjust and set aside the same with a consequential direction to the respondents to allot the petitioner as Deputy Director to the Office of the Commissioner/Director of Survey Settlement, Land Record, Settlements & Jagir Administration, Revenue Department, State of A.P. …..”

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The petitioner-applicant filed O.A.No. 7191 of 2015 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity “the Tribunal”), seeking to declare the allotment of the petitioner alone to the State of Telangana instead of the State of Andhra Pradesh, as illegal and arbitrary and direct the respondents to allot him to Andhra Pradesh State as Deputy Director, and the Tribunal, by order dated 29.12.2015, while admitting the O.A. and ordering notice to the respondents, observed that final allocation of the applicant to the State of

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Telangana will be subject to final result in the O.A. Challenging the order of the Tribunal, the petitioner has filed the present writ petition.

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Heard the learned counsel for both the parties and perused the material placed on record.

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When the validity of the provisional/tentative allotment of the petitioner to the State of Telangana in respect of his services is challenged before the Tribunal, the respondents therein shall have to be served with notices for adjudicating the Original Application on merits. Inasmuch as the Tribunal has already ordered notices to the respondents returnable in six weeks and observed that final allocation of the applicant will be subject to the final result in the O.A., it is always open to the petitioner to approach the Tribunal and get appropriate relief.

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With the above observation, this writ petition is closed. No order as to costs.

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As a sequel to the closure of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

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________________

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G. CHANDRAIAH, J 08.02.2016

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______________________ U.DURGA PRASAD RAO,J

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bcj

K. Venkateswara Rao v. The State of Telangana, rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

K. Venkateswara Rao v. The State of Telangana, rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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