Three writ appeals against interlocutory orders were dismissed on the ground that their premise relied on an earlier writ petition that had long been dismissed as withdrawn, rendering the basis for the interim orders void.
Interlocutory orders dismissed and set aside. Appeals disposed of with no costs.
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.
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE MS JUSTICE J.UMA DEVI
Writ Appeal Nos.1306, 1308 and 1309 of 2017
COMMON JUDGMENT: (Per the Hon’ble the Acting Chief Justice Ramesh Ranganathan)
In all these three writ appeals, the State is in appeal against the respective interlocutory orders passed by the Learned Single Judge. In the orders under appeal the Learned Single Judge, while directing the writ petitions to be listed along with W.P.No.33659 of 2016, passed an interim order, in the light of the earlier interim order passed in W.P.M.P.No.41551 of 2016 in W.P.No.33659 of 2016 dated 13.10.2016, directing the Sub-Registrar, Kurnool to entertain, register and release the sale deeds presented by the respondent-writ petitioners with respect to the subject property, if they were in order, in accordance with law. The Learned Single Judge made it clear that such registration shall be subject to the result of the respective writ petitions.
While several contentions are urged on merits, both by the learned Government Pleader for Revenue and Sri G.Sekhar Reddy, learned counsel for the respondent-writ petitioners, it is wholly unnecessary for us, in proceedings under Clause 15 of the Letters Patent, to examine the rival contentions, as it is evident that the very premise, on which the interim orders were passed, is that a similar interim order was passed in W.P.No.33659 of 2016. The fact, however, remains that W.P.No.33659 of 2016 was itself dismissed as withdrawn by order dated 07.11.2016, long before the orders under appeal came to be passed on 11.08.2017.
On this short ground, all the orders under appeal are set aside. The appellants shall file their counter-affidavits, in the Writ Petitions, within two weeks from today. It is open to the respondent-writ
petitioners to request the Learned Single Judge to take up the WPMPs any day after two weeks.
The Writ Appeals are disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.
(RAMESH RANGANATHAN, ACJ)
11th September, 2017 JSU
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND
THE HON’BLE MS JUSTICE J.UMA DEVI
Writ Appeal Nos.1306, 1308 and 1309 of 2017
Date: 11.09.2017
JSU
RAMESH RANGANATHAN
J.UMA DEVI
As recorded by the court registry
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