HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Between:
Golla Venkata Rao And
WRIT APPEAL No.1346 OF 2014
DATED: 30.10.2014 … Appellant Kuchipudi Ravindrababu and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1346 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal has been filed by the seventh respondent in the Writ Petition, who is unhappy with the direction given by the learned trial Judge in the impugned order that the proceedings of the fourth respondent dated 22.07.2014 shall remain suspended.
We have heard the learned counsel for the parties. Because of the nature of the matter, we do not want to hear the appeal with formality. So, with the consent of the learned lawyers, we dispose of the appeal dispensing with all the formalities.
The grievance of the writ petitioner before the learned trial Judge was the inaction on the part of the revising authority in not disposing of his revision application. The learned trial Judge by the impugned order disposed of the Writ Petition giving a direction to the revising authority to dispose of the revision within eight weeks from the date of communication of the order. While doing so, the learned trial Judge thought it fit to suspend the order challenged before the revising authority. It is contended by the learned counsel for the appellant that this should have been left to the revising authority and the learned trial Judge ought not to have granted interim relief. In our view, giving a direction to dispose of the matter on the one hand and granting interim relief on the other amounts to usurping of the revisional jurisdiction, at the first instance, unnecessarily. This appears to be apparent contradiction. We accordingly modify the impugned order of the learned trial Judge in the manner as follows:
The interlocutory application filed by the writ petitioner before the revising authority, if not disposed of by this time, should be disposed of within fortnight from the date of communication of this order and the other directions of the learned trial Judge in the impugned order for disposal of the revision shall remain as it is. However, the order to the extent of granting suspension of the proceedings dated 22.07.2014 is set aside. It will be open for the revising authority to decide the Interlocutory Application without being swayed and influenced by the directions of the learned trial Judge. We hope that the time schedule fixed by us as well as the learned trial Judge shall be adhered to by the revising authority.
The writ appeal is accordingly disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
30th OCTOBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni