HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.742 OF 2014 DATED:5.6.2014 Between:
Waheeda Begum and another … Appellants And State of Andhra Pradesh Rep. by its Principal Secretary Revenue Department Secretariat Secretariat Buildings 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.742 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal has been filed against the judgment and order of the learned trial Judge, dt.10.4.2014 whereby and whereunder the writ petition filed by the appellants/writ petitioners was not entertained and they were given liberty to approach the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.
In terms of the impugned judgment and order of the learned trial Judge the appellants/petitioners have admittedly approached the aforesaid Special Court. Therefore, the appellants have accepted the judgment and order of the learned trial Judge. We fail to understand how they are aggrieved now by the impugned judgment after having accepted the impugned judgment by approaching the appropriate forum.
It is contended by the learned counsel for the appellants that the appellants have approached the appellate Court against the impugned judgment because an application for interim relief filed before the Special Court was not entertained and as such to have interim relief his clients advised to approach this Court.
We reject this unimpressive and highly illogical argument. Nonetheless, the appeal was filed in order to waste the Court’s time in sheer abuse of process of Court.
We, therefore, dismiss the appeal with costs quantified at Rs.500/- (Rupees five hundred only) to the High Court Legal Services Committee, Hyderabad, within a week from date. The interim order granted earlier stands vacated. However, we make it clear that our order will not be taken as an influencing factor for Special Court to decide the matter independently in accordance with law.
Consequently, pending miscellaneous petitions, if any, in this appeal shall stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 5.6.2014 bnr