Court declined to grant interim order pending revision due to lack of stay in appealed order. Directed respondent to dispose of revision petition within two months after notice.
Direction to respondent No.6 to dispose of the revision petition within two months after notice to petitioners.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24121 of 2013
Dated 2 3 rd October, 2013
Between:
Mogalakurthi Appala Ramarao and another
…Petitioners
And
The Agent to the Government, West Godavari District at Eluru and others
…Respondents
Counsel for the petitioners: Sri K.Venkatesh
Counsel for the respondents: AGP for Social Welfare
The Court made the following:
ORDER:
This writ petition is filed with the grievance that the stay application filed by the petitioners in the revision petition filed against the order, dated 21.04.2010, of respondent No.1, passed in the appeal confirming the order of respondent No.2 directing eviction of the petitioner is not being considered by respondent No.6.
This Court has adjourned the case on four occasions from 19.08.2013. In spite of the same, the learned Assistant Government Pleader for Social Welfare is unable to report instructions on the stage of the revision petition and whether any order on the interlocutory application filed by the petitioners was passed.
On 20.08.2013, this Court has adjourned the case to enable the learned counsel for the petitioners to report to the Court whether his clients had interim order during the pendency of the appeal before respondent No.1. Today, at the hearing, the learned counsel submitted that no stay was granted in the appeal before respondent No.1.
As the petitioners did not have the benefit of interim stay,
I am not inclined to grant an order pending the revision petition before
respondent No.6. Instead, respondent No.6 is directed to dispose of the revision petition, if the same has not been done so far, within a period of two months from the date of receipt of a copy of this order, after notice to the petitioners.
Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.29669 of 2013 is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
23rd October, 2013 VGB
1 issue framed by the court
Whether to grant an order pending a revision petition when the petitioners did not secure an interim stay in the underlying appeal.
Mogalakurthi Appala Ramarao
The Agent to the Government, West Godavari District at Eluru
C.V.NAGARJUNA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
