HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1238 OF 2014 DATE: 09.10.2014 Between:
M.V. Sudhakar Babu & another.
… Appellants And State of A.P., rep., by its Secretary, Revenue (Excise-II) Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1238 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Single Judge dated 08.09.2014 on various grounds.
After hearing the learned counsel for the appellants and going through the material placed before us, we are of the view that the appeal must be entertained solely on the ground of judicial indiscipline. This Court on an earlier occasion while entertaining an appeal being W.A.No.988 of 2014 pleased to pass an order dated 09.07.2014 in the manner as follows:
“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.”
It appears, by the impugned order His Lordship was pleased to vacate the interim order altogether contrary to the wishes of the Division Bench on an application made by the State. According to us, such an order was totally incorrect when this Court directed to dispose of the writ petition itself and continuance of the interim order till the disposal of the writ petition, the learned Single Judge is not justified in vacating the interim order. If there be any problem for any reason, it is for the parties to approach this Bench for review of the earlier order. Without doing that, the State has invited the learned Single Judge for vacating the interim order and as a result thereof the appellants have to incur costs unnecessarily.
The appeal is therefore allowed with costs assessed at Rs.10,000/- (Rupees Ten thousand only) to be paid by the State of Andhra Pradesh. A sum of Rs.5,000/- (Rupees Five thousand only) out of the aforesaid Rs.10,000/- shall be paid to the appellants and the remaining Rs.5,000/- shall be paid to the High Court Legal Services Authority within a period of two weeks from the date of communication of this order. We desire that the writ petition itself shall be heard out in terms of our earlier order. We restore the interim order passed by us in the appeal being W.A.No.988 of 2014, which shall continue till the disposal of the writ petition.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 09.10.2014 ES