A division bench dismissed an appeal against an interlocutory order that vacated a status quo in a land dispute, holding the matter devoid of merits pending the main petition.
Appellants allowed to file an application before the lower court to be heard on the vacation of the interim order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE
PRESENT
THE HON'BLE SMT JUSTICE T.MEENA KUMARI
&
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO : 702 of 2009
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30/04/2009 in WP NO : 8189 OF 2008 on the file of the High Court.)
Between:
..... APPELLANT(S)
AND
1 The District Collector, Nellore, Nellore sistrict. 2 the Sub- Collector, Gudur, Nellore District 3 The Mandal Tahsildar, Pellakuru, Pellakuru Mandal, Nellore District. .....RESPONDENT(S) Counsel for the Appellant:SRI V.ESWARAIAH CHOWDARY
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO :702 of 2009
JUDGMENT: (per Hon’ble Smt Justice T. Meena Kumari)
The present writ appeal has been filed against the interlocutory order passed by the learned single in WVMP No.1719 of 2008 and WPMP No.10814 of 2008 in WP No.8189 of 2008, dated 30.4.2009.
The appellants herein are the writ petitioners. They filed the above writ petition challenging the order of the 2nd respondent in his proceedings Rc.A.No.186, 187, 189, 190, 191 and 192 of 2008, dated 11.4.2008 by confirming the order passed by the 3rd respondent dated 18.1.2008, directing to vacate the lands as well as existing crops in an extent of Ac.31.50 cents out of total extent of Ac.110.00 in Sy.No.1/1 of Pellakur village, Nellore District.
On 16.4.2008 while ordering notice before admission, the learned single Judge directed the parties to maintain statusquo. On 30.4.2009, on the application filed by the respondents herein seeking to vacate the interim order, dated 16.4.2008, the learned single Judge having observed that though the matter was listed on three occasions but there is no appearance on behalf of the writ petitioners, allowed the WVMP vacating the orders dated 16.4.2008. Having aggrieved by the same, the present writ appeal has been filed by the appellants-writ petitioners.
Heard the learned Counsel for the appellants and the learned
Government Pleader for revenue and perused the material available on record.
It is the contention of the learned Counsel for the appellants that without affording any opportunity to the appellants, the interim order has been vacated and it is a case where the matter has to be adjudicated on its own merits.
In view of the facts and circumstances of the case and in view of the pendency of the main writ petition, We feel that it is not a fit to express any opinion on the very merits of the case inasmuch as the opinion, if any expressed in the course of these interlocutory proceedings, may touch the merits of the main writ petition. Hence, this writ appeal is devoid of merits and consequently, the same is liable to be dismissed.
Accordingly, the writ appeal is dismissed. No costs.
However, in view of the above submission made by the learned counsel for the appellants, we feel it a fit case wherein an opportunity can be afforded to the appellants to file an appropriate application before the learned single Judge.
_______________________ Justice T.Meena Kumari
_____________________ Justice Sanjay Kumar
Dated: 5th June, 2009 Nn/gurc
THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO :702 of 2009
(Judgment of the Division Bench delivered by the Hon’ble Smt Justice T. Meena Kumari)
th 5 June, 2009
1 issue framed by the court
Whether an interim order vacated without hearing the opponents can be reopened given the pendency of the main writ petition.
B.Haranadha Naidu Others
The District Collector, Nellore
The Sub-Collector, Gudur
The Mandal Tahsildar, Pellakuru
T. Meena Kumari
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
