Sri Aaluri Madhusudhana Rao v. Kota Radhika

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Appeal No.550 of 2018 JUDGMENT: (per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the ad-interim order dated 21.03.2018 passed by the Learned Single Judge in IA No.1 of 2018 in WP No.950 of 2018. Respondent Nos.1 and 2 herein filed the said Writ Petition and, by way of interlocutory relief, sought a direction to the official respondents not to disburse the amount or allot any land, in favour of the appellants, pending disposal of the Writ Petition. By order dated 21.03.2018, the Learned Single Judge granted interim direction as prayed for.

While Smt. K.S.G. Padmavathi, learned counsel for the appellants has put forth several contentions on merits, it would be wholly inappropriate for us to express any opinion on the contentions urged on merits, as the appellants herein should have first filed a petition to vacate the interim order before invoking the jurisdiction of this Court under Clause 15 of the Letters Patent. Leaving it open to the appellants herein to avail the remedy of filing a petition to vacate the interim order, the Writ Appeal fails and is accordingly dismissed. Smt. K.S.G. Padmavathi, learned counsel for the appellants, would request us to fix a time frame for the vacate petition to be disposed of. We have no reason to doubt that, on a request being made for the vacate stay petition to be heard early, the Learned Single Judge would give such request its due consideration.

The Writ Appeal is dismissed. No order as to costs. Miscellaneous petitions, if any, pending in this writ appeal, shall stand closed.

_______________________________ RAMESH RANGANATHAN, ACJ _______________________________ KONGARA VIJAYA LAKSHMI, J Date: 04.04.2018 BSS

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Appeal No.550 of 2018 (per Hon'ble The Acting Chief Justice Ramesh Ranganathan) Date: 04.04.2018 BSS