Andhra HC (Pre-Telangana)
K. Yella Reddy vs The Registrar, Andhra Pradesh ... on 3 July, 1996
Equivalent citations: 1996(3)ALT1047
Author: B.S. Raikote
Bench: B.S. Raikote
JUDGMENT Lingaraja Rath, J.
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 v. Govt. of A.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 v. State of A.P., (F.B.)
3. It is admitted by the learned counsel for the petitioner that the judgment of the Full Bench of this court has been stayed and the operation of the judgment had been suspended by the Supreme Court. But the argument is advanced placing reliance on the decision in K. Venkata Reddy v. LAO, (D.B.) 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 v. Raj Narain, wherein the Court said in paragraph 24 as under:
"What is the legal effect of an order by this Court suspending the operation 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 nonce 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.