Andhra Pradesh High Court - Amravati
N. Venkateswarlu, vs The State Of Andhra Pradesh, on 16 September, 2021
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
I.A.No.2 of 2021
IN/AND
WRIT APPEAL No. 565 of 2021
(Taken up through video conferencing)
N. Venkateswarlu, S/o N. Bheemaiah,
aged 58 years, Tahsildar, Mandal Revenue
Office, Pattikonda, Kurnool Mandal
and others .... Appellants
Versus
The State of Andhra Pradesh, rep. by its
Principal Secretary, Revenue Department,
A.P.Secretariat, Velagapudi,
Guntur District and others .... Respondents
Counsel for the appellants : Mr. P.V. Krishnaiah
Counsel for respondent Nos.1 and 2 : Government Pleader for
Services-I
Counsel for respondent No.3 : Mr. M.A. Ramachandra Murthy
Counsel for respondent Nos.4 & 5 : Mr. J. Sudheer
ORAL JUDGMENT
Dt.16.09.2021
(Per Arup Kumar Goswami, CJ)
Heard Mr. P.V. Krishnaiah, learned counsel for the appellants. Also
Heard Mr. J. Sudheer, learned counsel appearing for respondent Nos.4 and
5/writ petitioners.
2. I.A.No.2 of 2021 is an application seeking leave to appeal against the
order dated 24.06.2021 passed by the learned single Judge in I.A.No.2 of
HCJ & NJS,J
I.A.No.2 of 2021 and W.A.No.565 of 2021
2021 in W.P.No.11437 of 2021. The said order dated 24.06.2021 reads as
follows:
"Heard learned counsel for the petitioners and learned
Government Pleader for Services-I.
Basing on the orders passed in similar matters and the issue
raised on merits consideration, there shall be an order of status
quo directing the respondents not to give further promotions in
the category of Deputy Collectors till 29.07.2021."
3. It is submitted by the learned counsel for the parties that the writ
petition was posted to 20.10.2021 for consideration.
4. Mr. P.V. Krishnaiah, learned counsel for the appellants, submits that
the appellants herein are necessary parties to the writ petition, but without
making them parties to the writ petition, the writ petitioners had obtained the
order of status-quo. It is further submitted by him that the orders relied upon
while passing the impugned order had already been vacated and therefore,
the interim order passed placing reliance on those orders cannot be
sustained. Mr. P.V. Krishnaiah, learned counsel for the appellants, submits
that as the vacate stay application has not been taken up for consideration,
the appellants have suffered prejudice.
5. Mr. J. Sudheer, learned counsel for respondent Nos.4 & 5/writ
petitioners, submits that the appellants had filed applications for
impleadment and for vacating the interim order and therefore, this appeal
may not be entertained by granting leave to appeal.
HCJ & NJS,J
I.A.No.2 of 2021 and W.A.No.565 of 2021
6. After hearing the learned counsel for the parties, we are not inclined
to grant leave to appeal, as the appellants had filed an application for
impleadment as well as an application for vacating the interim order
numbered as I.A.No.4 of 2021. However, considering that the matter
pertains to seniority, we deem it appropriate to implead the appellants as
respondent Nos.4 to 6 in the writ petition and accordingly, they stand
impleaded in the writ petition.
7. The Registry will make necessary corrections in the cause title of the
writ petition.
8. Considering the matter in its entirety, we direct the Registry to list the
writ petition along with I.A.No.4 of 2021 on 27.09.2021 and request the
learned single Judge to take up I.A.No.4 of 2021 for consideration.
9. Accordingly, I.A.No.2 of 2021 and the Writ Appeal are disposed of.
No order as to costs.
10. As a sequel, miscellaneous applications, if any, pending shall stand
dismissed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
CBS
HCJ & NJS,J
I.A.No.2 of 2021 and W.A.No.565 of 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
I.A.No.2 of 2021
IN/AND
WRIT APPEAL No. 565 of 2021
16th day of September, 2021
CBS
