IN THE 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. 1043 of 2014 Date: 25.07.2014 Between:
Tammisetti Venu Gopal.
… Appellant And Pindi Rama Krishna Reddy & 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. 1043 of 2014
JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard the learned counsel for the appellant and gone through the impugned judgment and order of the learned Trial Judge. We are of the view that the learned Trial Judge has not decided anything so to say and remanded the matter to the authority concerned for taking decision afresh. The learned Trial Judge should have noticed that the impugned order in the writ petition was passed to proceed with the illegal infringement.
Accordingly, we do not want to interfere with the same. However, we direct the authority concerned to decide the question of locus of the writ petitioner. All points are kept open. The authority concerned shall decide the matter within a period of three months from the date of communication of this order.
The writ appeal is accordingly disposed of.
Miscellaneous petitions, if any, pending in this appeal shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 25.07.2014 ES