Gandreddi Ganapati, vs Sri Varahalaxmi Nrusimha Swarny Vari ...
2024 Latest Caselaw 8956 AP

Andhra Pradesh High Court - Amravati

Gandreddi Ganapati, vs Sri Varahalaxmi Nrusimha Swarny Vari ... on 26 September, 2024

APHC010019992020
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                [3487]
                          (Special Original Jurisdiction)

          THURSDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER
                TWO THOUSAND AND TWENTY FOUR

                              PRESENT

              THE HONOURABLE SRI JUSTICE G.NARENDAR

         THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

                      WRIT APPEAL NO: 123/2020

Between:

Gandreddi Ganapati,                                   ...APPELLANT

                                 AND

Sri Varahalaxmi Nrusimha Swarny Vari Devasthanam   ...RESPONDENT(S)
and Others

Counsel for the Appellant:

  1. S.V.S.S.SIVA RAM

Counsel for the Respondent(S):

  1. GP FOR LABOUR (AP)

  2. .
                                           2


The Court made the following:

JUDGMENT:

(Per Hon'ble Sri Justice G. Narendar)

1. Having heard the learned counsels on both sides, while we are not

convinced with the correctness of the order issuing a Writ of Prohibition,

keeping in mind the long history of the case, the significant time spent by the

appellant in the Court corridors, and in the interest of making the justice

dispensation system more meaningful, we allow the

Appellant/Respondent No.3 to withdraw the Writ Appeal with liberty to file an

appropriate Writ Petition to address his grievance before this Court in

accordance with law.

2. It is the case of the Respondent/Writ Petitioner that the petition before

the Labour Tribunal was not maintainable, and therefore, the Respondent/Writ

Petitioner approached this Court for relief. The plea of lack of jurisdiction was

raised by the Respondent/Writ Petitioner before the Tribunal, but even before

the Tribunal could decide on the objection, the Respondent/Writ Petitioner

jumped the gun and approached this Court seeking the issuance of a Writ of

Prohibition. It is not in dispute that the Labour Tribunal has the authority to

decide on the issue of jurisdiction, including whether to allow or dismiss the

petition on jurisdictional grounds. If that be the position, whether a Writ of

Prohibition would follow is a million dollar question.

3. In view of the various contentions raised by the respective counsels, we

do not deem it necessary to delve into the said issue, at this stage.

4. Accordingly, we dispose of the Writ Appeal by placing on record the

submissions of the learned counsels on both sides, reserving liberty to the

appellant to approach this Court and seek any relief permissible under law.

As a sequel, interlocutory applications pending, if any, in this Writ

Appeal shall stand closed.

___________________ JUSTICE G. NARENDAR

__________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 26.09.2024 DNV

THE HON'BLE SRI JUSTICE G. NARENDAR and THE HON'BLE SMT. JUSTICE KIRANMAYEE MANDAVA

Date: 26.09.2024

DNV