IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.89 OF 2014 DATED:21.1.2014 Between:
Palepu Lakshmi Kantham … Appellant And The State of A.P., rep. by its Principal Secretary Secretariat Building Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.89 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Leave was initially granted by this Court having prima facie satisfied that the appellant is individually aggrieved by the judgment and order of the learned single Judge. At the outset, upon reading carefully the judgment and order of the learned trial Judge, we hold that the learned trial Judge has not decided anything on the merit of the case and has merely asked to resurvey the land in question. Resurvey of the land does not create or extinguish any title in favour or against any person. When a decision is not there, the question of preferring appeal does not arise. Moreover, having examined the matter in great detail, we are of the view that the appellant is not individually affected by the impugned judgment and order. The appellant is not espousing her individual interest. We think that this approach of the appellant howsoever laudable otherwise is absolutely incompetent in the eye of law. According to us she has come to this Court to interfere with the administration of justice without understanding her legal position qua Sarpanch of the Gram Panchayat concerned. We are of the view that in an appeal of this nature, third party must have his or her individual interest and affectation of such interest. If the same is missing, the right of appeal is not amenable under law.
Hence, we revoke the leave and dismiss the appeal. We, however, direct that if resurvey of the land is not done by this time, the same shall be completed within a period of fortnight from the date of communication of this order without fail. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 21.1.2014 bnr