Acting Chief Justice observed that interim order refusal by Single Judge was correct as application prayer was identical to writ petition. Bench declined interference, requested Single Judge to dispose matter at earliest convenience.
Request directed to Hon’ble Single Judge to dispose writ petition at earliest convenience.
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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1384 OF 2012
Dt: 21-11-2012.
Between:
SRI MYSAMMA INDANE GRAMIN VITRAK INDANE DISTRIBUTOR 1-1/A, VENKATAPURAM VILLAGE AND MANDAL, KHAMMAM DISTRICT REP. BY ITS PROPRIETOR CH.SRINIVAS RAO .. APPELLANT
AND THE COMMISSIONER CIVIL SUPPLIES, HYDERABAD AND OTHERS .. RESPONDENTS
HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.1384 OF 2012
JUDGMENT: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ appeal is filed by the appellant aggrieved by an order dated 3.9.2012 passed by the Hon’ble single Judge in WPMP.No.21407 of 2012 in W.P.No.16672 of 2012, which was filed by the writ petitioner to direct the 6th respondent not to distribute LPG within 15 Kms radius of Venkatapuram Mandal, Khammam District pending W.P.No.16672 of 2012, which was dismissed by the Court holding that the prayer in the interim application is identical to the one sought for in the writ petition.
Heard learned counsel appearing for the parties and perused the record.
It appears in this matter the interim order was refused by the Hon’ble single Judge at that point of time, when the application was moved, holding that the prayer in the application is identical to the one sought for in the writ petition.
In view of that, we do not intend to interfere with the order so passed by the Hon’ble single Judge, at this stage, as we have been informed by the respondents counsel that counter affidavits have been filed in the matter and that the matter is ready for hearing before the Hon’ble single Judge.
In the circumstances, we would only request the Hon’ble single Judge to take up this matter at an early date and dispose of the writ petition at the earliest convenience of his Lordship. The parties shall be at liberty to mention
the matter before the Hon’ble single Judge.
The writ appeal is disposed of on the above terms.
( PINAKI CHANDRA GHOSE, ACJ )
( VILAS V.AFZULPURKAR,
J )
Dt: 21-11-2012.
TNB
SRI MYSAMMA INDANE GRAMIN VITRAK INDANE DISTRIBUTOR
THE COMMISSIONER CIVIL SUPPLIES, HYDERABAD
PINAKI CHANDRA GHOSE
VILAS V AFZULPURKAR
As recorded by the court registry
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