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High Court for State of TelanganaWP/38115/2014allowed no costs

Kesula Padmaja v. The Metpally Municipality, Rep., By Its Commissioner,

2015-01-20A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.38115 of 2014 Date: 20-01-2015 Between:

Kesula Padmaja .. Petitioner AND The Metpally Municipality, represented by its Commissioner, Metpally, Karimnagar and 4 others .. Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.38115 of 2014 ORDER:

The writ petition is filed seeking to quash the order dated 3110-2014 in I.A.No.1089 of 2014 in O.P.No.129 of 2014 on the file of II Additional District Judge, Karimnagar at Jagitial and for a consequential direction to suspend the operation of the orders dated 23-08-2014 in proceedings No.F1/169/2014 of the 3rd respondentDistrict Collector, Karimnagar.

2. When the matter is taken up for hearing, learned counsel for the petitioner stated that the subject matter of the present writ petition is squarely covered by the order dated 30-12-2014 in W.P.No.36871 of 2014 and the same is not disputed or denied by the learned counsel for the 4th respondent as well as the learned counsel for other respondents, since this Court in the aforesaid writ petition held that the power conferred on the District Court to finally decide the issue of cessation of office of the petitioner includes the power to

grant interim relief and such a power has to be inferred by necessary implication.

3.

Following the order in W.P.No.36871 of 2014 dated 30-122014 rendered by this Court, the order dated 31-10-2014 passed in I.A.No.1089 of 2014 in O.P.No.129 of 2014 on the file of II Additional District Judge, Karimnagar at Jagitial is set aside remanding the matter to the said Court for fresh adjudication and the said Court shall pass appropriate orders in accordance with law after adjudication, within a period of four (4) weeks from the date of receipt of a copy of the order.

Accordingly, the writ petition is allowed to the extent indicated above. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

_____________________ A. RAJASHEKER REDDY, J Date: 20-01-2015 Ksn