K. Ranga Rao Dora, v. Prl.Secy., Revenue Dept., State Of A.P.,

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No. 8 5 3 9 of 2 0 1 8 ORDER: - Heard learned Counsel appearing for the petitioner and the learned Government Pleader.

In the present Writ Petition challenge is to the Order passed by the 2nd respondent in A.S.No.1 of 2017, dated 10.01.2018.

The petitioner herein instituted O.S.No.22 of 2016 seeking permanent injunction against the unofficial respondents on the file of the Sub-Divisional Magistrate, Mobile Court, Rampachodavaram. The Sub-Divisional Magistrate passed a decree on 09.08.2017 granting injunction. Against the said injunction Order, the respondents herein filed appeal before the Agent to Government, East Godavari District in A.S.No.1 of 2017. The Court of the Agent to Government, East Godavari District, passed an order 18.01.2018 remanding the matter to the Sub-Divisional Magistrate with a direction to dispose of the suit after following the due procedure.

It is submitted by the learned Counsel appearing for the petitioner that though the petitioner herein filed an application for appointment of receiver, the appellate Court did not consider the same. Since the Agent to Government, East Godavari District by way of the Order under impugned remanded the matter to the Sub-Divisional Magistrate, this Court deems it proper to dispose of the present Writ Petition keeping it open to

the petitioner to file an appropriate application before the primary authority for redressal of his grievance. Accordingly, the Writ Petition stands disposed of.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs.

______________ A.V.Sesh a Sai, J Date: 15.03.2018 smr