IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE G. CHANDRAIAH And HON’BLE SRI JUSTICE M.S.K. JAISWAL WRIT APPEAL No.828 of 2014 Between:
M/s. SSPDL Limited & 2 others .. Appellants AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE G. CHANDRAIAH And HON’BLE SRI JUSTICE M.S.K. JAISWAL WRIT APPEAL No.828 of 2014 JUDGMENT:
This writ appeal is filed by the appellants-petitioners aggrieved by the issuance of notice through order, dated 08.05.2014, in W.P.No.14375 of 2014.
2. During scrutiny, the Office returned the above W.A.(SR) with the following objection:
“Please clarify as to how the above WA(SR) is entertainable against the order impugned in the Writ Petition.”
3. Learned counsel for the appellants-petitioners submits that when similar office objection was raised in W.A.(SR).No.74254 of 2013 filed against the order in W.P.No.10070 of 2013, this Court passed orders on 30.04.2013 as follows:
“Office objections are overruled. Issue notice to the respondents. Post after the ensuing vacation.”
4. Learned counsel for the appellants-petitioners submits that the writ appeal, against the issuance of notice by the learned Single Judge in a given situation, where the rights of the parties are affected in the event of not passing any urgent orders, is maintainable. In support of his contention, the learned counsel for the appellants-petitioners placed reliance on a judgment of the Supreme Court in SHAH BABULAL KHIMJI Vs. JAYABEN D.
[1] KANIA AND ANR. .
5. Accordingly, the objection raised by the Office is overruled and the Registry is directed to number the writ appeal.
6. It is submitted by the learned counsel for the appellants- petitioners that in similar matter in W.A.M.P.No.2864 of 2012 in W.A.No.1342 of 2012, this Court passed the following order:
“Following the interim order passed by the Division Bench in W.A. No.742 of 2010 and batch, dt.25.10.2010, in this case also a similar direction is warranted. However, since the sanctioned plan under Permit No.14/38 in File No.552/CSC/TP-11/2009, dated 5.3.2010, is already issued to the appellant - petitioner, in modification of the order of the Hon’ble Single Judge impugned herein, the demand as contained in the notice bearing No.C1/850/2012, dt.17.9.2012 shall remain stayed. However, the appellant - petitioner shall file an affidavit before respondent No.4 that in the event of their not succeeding in the present writ petition, they will discharge their liability under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non- Agricultural purposes) Act, 2006.
Obligation of filing affidavit cast upon the appellant – petitioner shall be obeyed and affidavit shall be filed within two weeks in terms of this interim direction.”
7. There is no dispute with regard to the factual position and legal position in the instant case and the above referred case as submitted by both the learned counsel.
8. In that view of the matter, the appellants-petitioners shall file an affidavit before the second respondent stating that in the event of not succeeding in the present writ petition, the appellants-
petitioners shall discharge their liability under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006. The obligation of filing of an affidavit shall be obeyed by the appellants-petitioners and the same shall be filed within a period of two (2) weeks from the date of receipt of a copy of this order.
9. With the above direction, the Writ Appeal is disposed of. No costs.
10. Consequently, the Miscellaneous Petitions, if any, filed in this writ appeal shall stand closed.
G. CHANDRAIAH, J M.S.K. JAISWAL, J Date: 22nd May, 2014. KL HON’BLE SRI JUSTICE G. CHANDRAIAH And HON’BLE SRI JUSTICE M.S.K. JAISWAL WRIT APPEAL No.828 of 2014 Dated 22.05.2014 KL
[1] 1981 AIR 1786