THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1677 of 2014 Between:
Muddu Appalakonda, Duvvada Village, DATE: 31.12.2014 Visakhapatnam and another.
… Appellants And The District Collector, Visakhapatnam and 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.1677 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are not interfering with the judgment and order of the learned trial Judge as the learned trial Judge, on facts found that the appellants have not been able to prove their possession.
However, the learned counsel appearing for the appellants- writ petitioners says that the fact is otherwise and an appeal is pending before the appellate authority.
Hence, it would be open for the appellate authority to consider the prayer for interim order, if prayed for before him. However, the judgment and order of the learned trial Judge will not be a binding and influencing factor in that case.
The writ appeal is accordingly disposed of.
Consequently, pending miscellaneous petitions, if any, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 31st December, 2014 pnb