Prl Secy, Revenue(Assn-I) Dept, Guntur Dist And 3 Others v. D.R.Thulasiprasad, Chittoor Dist And 8 Others

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.857 of 2017 Judgment: (per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned Government Pleader for Registration and Stamps for the appellants and Sri P. Ganga Rami Reddy, learned counsel for the respondent-writ petitioners.

2.

This Writ Appeal, at the instance of the Revenue, is against an interlocutory order passed in a Writ Petition seeking a direction to the statutory authorities to receive and register certain documents. 3.

We are not going into the merits or demerits of the claim of the respondent-writ petitioners in that regard. We refrain from examining those matters because we see that the interlocutory order was issued essentially ad-interim, though the plea of the appellants is that the documents are not eligible to be registered. We are of the view that the impugned order essentially has the effect of ordering the Writ Petition finally. Such a course is not found available in this case because we do not see that this is an exceptionally exceptional situation. We are of the view that ends of justice would be secured, if the learned Single Judge, having regard to the earlier litigation of 2013, sympathetically considers any request of the respondent-writ petitioners for an early disposal of the Writ Petition itself.

3.

To facilitate the aforesaid, the impugned interlocutory order is set aside and the Writ Appeal is allowed accordingly, leaving the respondentwrit petitioners to make such request, as may be permissible, before the learned Single Judge, for an out of turn consideration of the Writ Petition from which this Writ Appeal arises.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _______________ S.V. BHATT, J Date: 13th August, 2018 pnb