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Andhra Pradesh High Court
Judges : B.S.RAIKOTE, LINGARAJA RATH
K.Yenm Reddy - Appellant
Versus
The Registrar, A.P. Administrative tribunal, Hyderabad - Respondent
Decided On : 07-03-96
Certiorari - Administrative Tribunal Judgment - The court dismissed the writ petition seeking to quash a judgment of the Andhra Pradesh Administrative tribunal, citing the nullification of an earlier judgment of the Tribunal and the suspension of the Full Bench judgment by the Supreme Court. The court also referred to the legal effect of the suspension of a judgment and order of the High Court, ultimately leading to the dismissal of the writ petition.
Fact of the Case:
The petitioner filed a writ petition to quash a judgment of the Andhra Pradesh Administrative tribunal, which nullified an earlier judgment of the Tribunal, itself passed to implement the judgment of the Supreme Court in a related case.
Finding of the Court:
The court dismissed the writ petition, considering the suspension of the Full Bench judgment by the Supreme Court and the legal effect of the suspension of a judgment and order of the High Court.
Issues: The issues involved the maintainability of the petition, the effect of the suspension of the Full Bench judgment, and the legal principles regarding the suspension of a judgment and order of the High Court.
Ratio Decidendi: The court's decision was influenced by the legal effect of the suspension of a judgment and order of the High Court, as well as the interpretation of the suspension by the Supreme Court.
Final Decision: The writ petition was dismissed by the court, with no costs imposed.
( 1 ) THIS petition has been filed invoking the jurisdiction of this Court to issue writ of Certiorari to quash a judgment of the Andhra Pradesh Administrative tribunal as the impugned judgment had been delivered nullifying an earlier judgment of the Tribunal which was itself passed only to implement the judgment of the Supreme Court in Devi Prasad vs. Govt. ofa. P. to which the petitioner was a party himself.
( 2 ) IN support of maintainability of the petition reliance is placed on the Full bench judgment of this Court in S. Harinath vs. State ofa. P. 2.
( 3 ) IT is admitted by the learned counsel for the petitioner that the judgment of the Full Bench of thiscourt has been stayed and theoperation of thejudgment had been suspended by the Supreme Court. But the argument is advanced placing reliance on the decision in K. Venkata Reddy vs. LAO that the effect of suspension of the judgment of the High Court is only that the judgment shall not be implemented but the dicta decided in the judgment remains operative and is binding on the single Judges and Division Benches until the judgment is set aside by the Supreme Court. Though we do not agree with the statement of law and feel the principle to have been very widely stated yet ordinarily the matter to have been placed before a Larger Bench for consideration. But we do not feel the necessity of it since the Division Bench in giving the judgment has not taken into consideration the decision in Indira Gandhi vs. Raj Narain where in the Court said in paragraph 24 as under:"what is the legal effectof an order by thiscourtsuspending theoperation of the judgment and order of the High Court? By sheer force of the first limb of this Court s stay order, the judgment and order of the High Court is nullified for the nor ce i. e, till the appeal is disposed of. "
( 4 ) IN that view of the matter we are not inclined to entertain this writ petition which is dismissed. No costs.
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