K.Swamy And 2 Others vs S.V.L.N.Swamy Vari Devasthanam ...
2022 Latest Caselaw 9414 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                       &
              HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                    WRIT APPEAL No.1404 OF 2017

                           (Through physical mode)

Karri Swamy, S/o Sitaram,
Aged about 48 years, R/o 3-151,
Kapu Veedhi, Adavivaram Village,
Visakhapatnam Rural Mandal,
Visakhapatnam District, and others.
                                                              ..Appellants

                                     Versus

Sri Varaha Lakshmi Narasimha Swamy
Vari Devasthanam, Simhachalam,
Visakhapatnam District, Rep., by its
Executive Officer and others.
                                                           ...Respondents

ORAL JUDGMENT Dt:07.12.2022

(per Prashant Kumar Mishra, CJ)

1. Heard on admission.

2. This writ appeal has been preferred against the interim order

dated 05.09.2017 passed by learned single Judge in W.P.M.P.No.35620

of 2017 in W.P.No.28648 of 2017.

3. The above W.P.No.28648 of 2017 has been filed by the 1 st

respondent/writ petitioner seeking the following relief:

HCJ & DVSS, J

"For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in taking the appeal filed by respondents 4 to 6 with a delay of more than 20 years, on file without any notice to the petitioner Devasthanam and passing interim order in RC.No.5086/2017/C, dated 12.07.2017 to maintain status quo in relation to the lands measuring 2404 sq. yards in Sy.No.197/1 of Adivivaram Village, Visakhapatnam Rural Mandal, Visakhapatnam District belonging to the petitioner Temple as illegal, arbitrary, without jurisdiction, invalid, made without application of mind and violative of provisions of Andhra Pradesh Inam (Abolition and Conversion of Ryotwari) Act, 1956 and consequently, set aside the same and to grant such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. By the order under challenge in this intra-court appeal, the

learned single Judge suspended and stayed all proceedings of the 2nd

respondent in R.C.No.5086/2017/C, dated 12.07.2017. This writ

appeal has been preferred in the year 2017. Since no interim order

was passed in this appeal, the interim order passed in the writ petition

is continuing for the last more than five years.

HCJ & DVSS, J

5. In the above circumstances, we are not inclined to interfere with

the interim order under challenge. However, the appellants would be

at liberty to make a request before the learned single Judge to

expedite the hearing of the writ petition. We also observe that the

observation made by the learned single Judge in the order under

challenge is for the purpose of deciding the interim application only

and that observation shall not have a bearing on the final outcome of

the writ petition.

6. With the above observation, the Writ Appeal is disposed of. No

order as to costs. All the pending miscellaneous applications shall

stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn HCJ & DVSS, J

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

W.A.No.1404 of 2017

(per Prashant Kumar Mishra, CJ)

Dt:07.12.2022

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