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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.46 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/State is aggrieved by an interim order dated
05.11.2020 passed by the learned Single Judge on I.A.Nos.2 and 3 of
2020 filed by the respondents No.1 and 2/writ petitioners in
W.P.No.19598 of 2020.
2. In the interim application moved by the respondents No.1 and 2/writ petitioners, the prayer made was to restrain the Executive Officer appointed by the appellant No.1 from interfering with the day-to-day administration being conducted by the writ petitioners in respect of Kanakadurga and Nagalakshmi Temple, Basheerbagh.
3. In the interim order, the learned Single Judge has observed that the matter requires to be considered and heard finally after counter affidavits are filed by the respondents and that there shall be an interim suspension of appointment, as prayed for.
4. On enquiring from learned counsel for the appellants as to whether the interim applications filed by the writ petitioners and the vacate application filed by the respondents have been disposed of by virtue of the impugned order, Mr.M.Vijay Prakash, learned Government Pleader for Endowments concedes that the said applications are still pending on the writ file. W.A.No.46 of 2021 Page 1 of 2 2
5. In the above circumstances, we have requested learned counsel for the appellants to address this Court on the maintainability of the present appeal. Learned counsel has no explanation to offer. In our opinion, once the interim stay applications as also the vacate application are still pending, and furthermore, having regard to the fact that the learned Single Judge has directed the respondents to file a counter affidavit so as to hear the matter finally, we see no reason to entertain the present appeal, which is even otherwise not maintainable.
6. The present appeal is, accordingly, dismissed as misconceived and not maintainable along with the pending applications, if any, with costs of Rs.10,000/- (Rupees ten thousand only) to be deposited with the High Court Legal Services Committee. The appellants are cautioned to be more careful in future in preferring appeals, which, on the face of it, are not maintainable.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 17.02.2021 Lrkm/pln W.A.No.46 of 2021 Page 2 of 2