Item No.47
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 OF 2021 IN/AND W.A.No.115 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants (respondents No.6 and 7 in W.P.No.5448 of
2021) are aggrieved by an interim order dated 08.03.2021 passed by the learned Single Judge on a stay application moved by the respondents No.1 to 6/writ petitioners.
2. We may note that while issuing notice for admission and posting the matter on 30.03.2021, the learned Single Judge had directed that in the meantime the competent authority may take steps to protect the 'Padamata Cheruvu' to the extent of Acs.16.39 guntas existing in Survey No.358 and part of Survey No.381/A/1 in Mudunuru Gram Panchayat, Tallada Mandal, Khammam District.
3. At the outset, we have enquired from learned counsel for the appellants as to whether the appellants have filed an application for seeking vacation of the impugned interim order. He concedes that they have not filed any such application. We may note that even when the appellants had appeared before the learned Single Judge on 30.03.2021, no effort has been made to seek vacation of the interim order. It is stated that at the request of learned counsel for the respondents 1 to 6/writ petitioners, the writ petition has been adjourned by two weeks.
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4. We are of the opinion that the appellants ought to have moved the learned Single Judge first by filing a vacate stay application and informing the said court that they are patta holders of the subject land, as is being stated before us.
5. We decline to entertain the present appeal, which is accordingly closed along with the pending applications, if any, with liberty granted to the appellant to approach the learned Single Judge for appropriate relief.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 09.04.2021 Lrkm/pln W.A.No.115 OF 2021 Page 2 of 2