THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40208 of 2014
DATE: 29.12.2014
Between:
Konasani Srinivasa Rao and others and State of Andhra Pradesh and others …Petitioner …Respondents COUNSEL FOR THE PETITIONERS : SRI SITARAM CHAPARLA COUNSEL FOR RESPONDENTS 1 & 2: AGP FOR COOPERATION (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40208 of 2014
ORDER:
This writ petition is filed with the grievance that having entertained the appeal against order, dated 16.12.2014 passed by respondent No.2 superseding the Managing Committee of respondent No.4, respondent No.5 has not passed any order on the stay application filed in the appeal.
After hearing the learned counsel for both the parties, I am of the opinion that as the subject matter of appeal before respondent No.5 pertains to supersession of an elected Managing Committee, it should have shown the sensitivity to the cause raised by the petitioners by passing appropriate interim order. Respondent No.5 ought to have seen that non-granting of stay would result in cessation of elective body and therefore the elements of balance of convenience and irreparable loss lay in their favour for granting an interim order. As respondent No.5 has failed to exercise the jurisdiction vested in it by not passing an interim order, the Writ Petition is allowed by granting suspension of order, dated 16.12.2014, which is the subject matter of appeal before respondent No.5, till the stay application filed in the appeal is disposed of by respondent No.5.
As a sequel to disposal of main petition, WPMP.No.50418 of 2014 filed by the petitioners for interim relief is disposed of.
C.V.NAGARJUNA REDDY, J 29th DECEMBER, 2014.
kvni