A V V Satyavathi vs The State Of Andhra Pradesh,
2022 Latest Caselaw 592 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: W.A. No. 131 of 2022

                                  PROCEEDING SHEET

Sl.
                                            ORDER

No      DATE
01    03.02.2022   CPK, J & Dr. KMR, J

The present Appeal is preferred under Clause 15 of the Letters Patent Act, challenging the docket Order, dated 19.01.2022, wherein, learned Single Judge while issuing notice to Respondent Nos. 5 and 6 directed listing of the

for counter.

Along with Appeal, I.A. No. 3 of 2022 came to be filed seeking to suspend the docket Order, dated 19.01.2022, pending disposal of the Writ Appeal.

The issue that arises for consideration is, whether a Writ Appeal would lie under Clause 15 of the Letters Patent Act, against docket Order of issuing notice to the respondents, more so, having regard to the request made by the Appellant in I.A. No. 3 of 2022, wherein, they sought for suspension of the docket Order, dated 19.01.2022?

The Counsel for the Appellants/Petitioners was not able to satisfy on the maintainability of the Writ Appeal and also as to whether any cause survives if the docket Order, dated 19.01.2022, is suspended, as sought for in I.A No. 3 of 2022.

At this stage, the learned Counsel for the Appellants/Petitioners insisted for an interim direction permitting the Appellants/Petitioners to cast their vote in the elections held today. But, when there is a doubt not only with regard to maintainability of the Writ Appeal, but also as to whether any cause survives in view of the request made by the Appellants/Petitioners for suspending the said docket order, granting the relief, as claimed would not arise. At this stage, the learned Counsel for the Appellants/Petitioners submits that, Writ Appeal and Writ Petition would become infructuous if no interim order is granted, but that cannot be a ground to grant interim order. The learned Counsel was not in a position to place any judgments in support of his plea. However, at the request of the learned Counsel, list the matter after one week.

_____________________ C. Praveen Kumar, J

_________________________ Dr. K. Manmadha Rao, J

SM