THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.988 of 2014
DATED:09.07.2014 Between:
The Government of Andhra Pradesh, Department of Revenue, Represented by its Secretary, Hyderabad and others.
And Mr. M.V. Sudhakar Babu, Machilipatnam and others.
… Appellants ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.988 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the writ petitioners-respondents is present and takes notice of the appeal.
After hearing the learned counsel for the parties, we dispose of the appeal itself today.
This appeal is directed against the interim order dated 27.6.2014 passed by the learned trial Judge in Writ Petition No. 17619 of 2014, whereby the notice issued and impugned in the writ petition was stayed.
It appears from the record that Rule 5(1) of the Andhra Pradesh Excise (Grant of Selling by Shop and Conditions of Licence) Rules, 2012 has been amended and the learned Additional Advocate General appearing for the appellants fairly submits that the amended Rule was not brought to the notice of the learned trial Judge. We think that it should be brought to the notice of His Lordship. Accordingly, we feel that the writ petition should be heard by the learned trial Judge as early as possible after taking note of the aforesaid factual position. The interim order passed by this Court earlier in the appeal will continue till the disposal of the writ petition. However, we make it clear that this order will be operating only against the respondents-writ petitioners and not any other person. All points are kept open for decision.
The writ appeal is accordingly disposed of.
Consequently, the miscellaneous applications, if any pending, shall also stand disposed of. No order as to costs.
K.J. SENGUPTA, CJ 9th July, 2014 pnb SANJAY KUMAR, J