Bogala Samba Siva Reddy vs M J Ratna Kanth Babu
2023 Latest Caselaw 2944 AP

      HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: W.A.No.355 of 2023

                          PROCEEDING SHEET

Sl.                                                                  OFFICE
      DATE                             ORDER
No.                                                                   NOTE
6.  08.05.2023 DVSS,J & SV,J

                                  I.A.No.2 of 2023
                       Heard learned Senior Counsel for the
               petitioner and Sri J. Sudheer, learned counsel
               for the respondents.

Learned senior counsel for the petitioner during the course of his arguments, raised a question that the Presidential Order and its implications were not considered by the learned Single Judge and also the Division Bench, order in the case of "Government of Andhra Pradesh and Others Vs. P. Vema Reddy and Others" reported in 2007(4) ALD 209 (DB).

The points of inclusions and conclusions in the said Judgment were not considered, as per the learned Senior Counsel while seeking stay.

In reply, Sri J. Sudheer, learned counsel for the respondents in the Appeal states that the issue was not raised before the learned Single Judge. He also points out that a detailed order was passed after considering of the issues that were raised and deliberated in the course of hearing. Therefore, he submits that stay should not be granted.

Without expressing anything on the matter, this Court notices that in Paragraph

No.97 of the impugned judgment, detailed schedule of events were given with a direction to the 2nd respondent to prepare final list of Royalty Inspectors. Opportunity is also directed to be given to the Inspectors, who are likely to be affected. The present appellants are respondents 12 and 13 in the writ petition. Apart from them, others, who are likely to be affected were also given an opportunity. In line with the issue raised by the learned Senior counsel, for the appellants they are directed to make a detailed representation with all legal and factual aspects before the 2nd respondent, who shall necessarily accept the same and give a final decision. It is needless to say that the 2nd respondent shall pass order on the merits. The order should be a reasoned order also.

With this observation, I.A.No.2 of 2023 is ordered.

________ DVSS,J

________ SV,J W.A.No.355 of 2023

List the appeal in due course.

________ DVSS,J

________ SV,J KK