The Kavuru Yerukula Fishermen ... vs Sri Kavuramma Yerukula ...
2022 Latest Caselaw 840 AP

    IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

  HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                             &
              HON'BLE MR. JUSTICE SUBBA REDDY SATTI


                            I.A.No.2 of 2022
                                     in/and
                    WRIT APPEAL No.203 OF 2022

                          (Through virtual mode)

The Kavuru Yerukula Fishermen Co.Op Society Ltd.,
Regd. No.Z-9, Kavuru (V), Rep. by its President
Devarakonda Venkateswarulu, S/o Sundaraiah,
Aged about 62 years, R/o Cheurkupalli (M),
Guntur District.
                                                                ... Appellant
                            Versus

1. Sri Kavuramma Yerukula Fisherwomen Co.Op.Society,
   Kavuru, represented by its President,
   Smt. D. Sri Lakshmi, W/o Naga Raja Rao,
   Aged 45 years, R/o Kavuru, Cherukupalli Mandal,
   Guntur District.

2. The State of Andhra Pradesh,
   Rep. by its Principal Secretary,
   Panchayatraj Department,
   Secretariat Buildings, Velagapudi,
   Amaravathi, Guntur District, and others.

3. The District Panchayat Officer,
   Guntur, Guntur District, A.P.

4. The Divisional Panchayat Officer,
   Tenali, Guntur District, A.P.

5. The Kavuru Gram Panchayat,
   Rep. by its Panchayat Secretary,
   Cherukupalli (M), Guntur District, A.P.
                                                             ... Respondents

Counsel for the petitioner/appellant : Ms. I.K. Annapurna, learned counsel

Counsel for respondent No.1 : Mr. Elisha, learned counsel

Counsel for respondent Nos.2 to 4 : Learned Government Pleader for Panchayat Raj

Counsel for respondent No.5 : I. Koti Reddy, learned standing counsel

COMMON JUDGMENT (ORAL)

Dt: 15.02.2022

(per Prashant Kumar Mishra, CJ)

I.A.No.2 of 2022 is filed seeking leave to file the writ appeal against

the order passed by learned Single Judge granting interim relief in favour

of the writ petitioner.

2. When we raised the query to the learned counsel for the

petitioner as to why the implead petitioner cannot approach before the

learned Single Judge making similar relief for impleadment and vacating

the interim order, learned counsel informs that such applications have

already been moved before the learned Single Judge and the applications

are pending consideration. It is further submitted that the matter was

posted on 11.02.2022, but the same was adjourned.

3. When similar applications seeking impleadment and vacating the

impugned order are pending consideration before learned Single Judge, it

may not be proper for the petitioner to avail the remedy of intra-Court

appeal and that too against an interim order.

4. In the circumstances, we refuse to grant leave to prefer this

intra-Court appeal. However, this refusal shall not come in the way of

learned Single Judge in considering the petitions filed by the present

petitioner. The implead petitioner is also at liberty to move for expedite

hearing before learned Single Judge.

5. Accordingly, I.A.No.2 of 2022 is dismissed and

consequently, the Writ Appeal is also dismissed. No costs. Pending

miscellaneous applications, if any, in this Writ Petition shall stand

closed.

PRASHANT KUMAR MISHRA, CJ SUBBA REDDY SATTI, J ikn

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE SUBBA REDDY SATTI

WRIT APPEAL No.203 of 2022

(per Prashant Kumar Mishra, CJ)

Dt: 15.02.2022

ikn