THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1282 of 2014 DATE: 16.10.2014 Between:
S.L.N. Ratnaveni, West Godavari District.
… Appellant And The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad 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.1282 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the order dated 11.09.2014 passed by the learned Single Judge, whereby His Lordship was pleased to ask the police not to execute the warrant of arrest issued against the 5t h respondent and further the writ petitioner has been advised to take out proceedings under Section 25 of the Consumer Protection Act, 1986.
We are of the view that either the learned Single Judge will grant an interim relief as prayed for or not. Under any circumstances, impugned order ought not to have been passed. Moreover, no advice should be given by the Court as to what proceedings should be taken out by the litigant. We therefore set aside the impugned order and request the Hon’ble First Court to decide the matter at an early date.
The writ appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 16.10.2014
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