B.Venkatesham, v. Tirumala Tirupati Devasthanoms,
THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SMT JUSTICE T.RAJANI WAMP.NO.306 OF 2017 AND WA.NO.755 OF 2017 COMMON JUDGMENT: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} Since the appellants are aggrieved by the ad-interim order, which was passed before notice was issued to them, we see no reason not to condone the delay. The delay of 161 days in filing the appeal is condoned and WA.MP.No.306 of 2017 is ordered. While the appeal is preferred along with an application to condone the delay of 161 days, a perusal of the order under appeal shows that there is stay of allotment of shops by the learned Single Judge on the ground that the shops could not be allotted unless the stay granted by this Court, in WP.No.4678 of 2016 and batch, was vacated. The order passed by the learned Single Judge is an ad-interim order in WPMP.No.26740 of 2016 in WP.No.21762 of 2016. It is always open to the appellants herein to file a petition seeking vacation of the said interim order. We see no reason, therefore, to entertain the appeal.
The Writ Appeal is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.
_________________________________ (RAMESH RANGANATHAN, ACJ) _______________ (T.RAJANI, J) 14th June 2017 RRB