Konikineni Rama Devi v. The Government Of A.P.,

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.24039 of 2016 ORDER:

Heard Sri G.V.S.Mehar Kumar for petitioner and Sri P.Durga Prasad for 3rd respondent.

Earlier, the petitioner herein filed W.P.No.31266 of 2014 before this Court. On 20.10.2014 in W.P.M.P.No.39079 of 2014 in W.P.No.31266 of 2014 this Court granted stay of all further proceedings in Dispute No.18 of 2014.

The 3rd respondent filed I.A.No.4 of 2016 in Dispute No.18 of 2014. The 2nd respondent without properly appreciating the effect of order of this Court dated 20.10.2014 in W.P.M.P.No.39079 of 2014 allowed the prayer in I.A.No.4 of 2016 vide order dated 05.05.2016. Hence, the writ petition.

Prima facie, this Court is of the view that once this Court granted stay of all further proceedings in Dispute No.18 of 2014, entertaining an application for the same dispute and allowing the prayer in I.A.No.4 of 2016 amounts to disobedience of the order granted by this Court on 20.10.2014 and also illegal exercise of jurisdiction conferred on the 2nd respondent. The c ounsel for the 3rd respondent, having regard to the chronology of dates and the purport of the order dated

20.10.2014 in W.P.M.P.No.39079 of 2014 submits that he cannot sustain the order impugned in the writ petition. Hence, the order impugned in the writ petition is set aside. I.A.No.4 of 2016 is remitted to 2nd respondent for consideration and disposal after disposal of W.P.No.31266 of 2014. The writ petition is ordered as indicated above. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 20-07-2017 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.24039 of 2016 20-07-2017 Prv