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. 1550 OF 2014 DATE: 10.12.2014 Between:
The Mangalagiri Municipality, Guntur District.
… Appellant And B. Srinivasa Rao & 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. 1550 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Both the parties have consented for disposal of the appeal after the same having been admitted.
Ordinarily, we would not have entertained this sort of appeal against an interim order, for one can very well approach the learned Single Judge for vacating the same. But, this is one of such rare cases where, we feel, our intervention is required.
Learned counsel for the writ petitioners has realized and accordingly he has given consent for passing the following order and the learned counsel for the appellant also accepts such order for the time being for disposal of the appeal only. The impugned order passed by His Lordship is modified as follows:
The writ petitioners or their servants or men are restrained from taking any further steps in furtherance of re-allotment, and possession of the shops shall not be parted with any third party under any circumstances, if not done already. However, it would be open for the parties to apply before His Lordship for suitable interim order including vacating our order or asking for some other relief, as may be advised. We desire that the writ petition itself will be heard finally as early as possible.
The writ appeal is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 10.12.2014 ES