The Andhra Pradesh State Irrigation Development Corporation v. P.Bharthi

HON'BLE SRI JUSTICE G.CHANDRAIAH & HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.A. No. 394 of 2015 DATE: 04-09-2015 Between:

The Andhra Pradesh State Irrigation Development Corpn. Ltd. .. Appellant and P. Bharthi and three others .. Respondents

JUDGMENT:- (per Hon'ble Sri Justice Challa Kodanda Ram) This writ appeal is directed against the interim order dated 30.04.2015 passed by this Court in W.P.No. 12924 of 2015.

Inasmuch as the order under appeal is only an adinterim order, there is a statutory provision for moving a petition to vacate such order.

In fact, this Court, consistently held that filing of a writ appeal against the interim order without instituting any petition seeking vacation of such order, is not desirable. Inasmuch as the appellant, without availing the remedy of filing an application seeking to vacate the impugned interim order, has preferred the present writ appeal, the same deserves to be dismissed.

In view of the above, the writ appeal is dismissed, however with liberty to the appellant to move Vacate Stay Petition by taking appropriate steps. No order as to costs. As a sequel to the disposal of the writ appeal, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 04.09.2015

______________________ CHALLA KODANDA RAM,J bcj