Y. Venkateswar Reddy vs Gorintla Akkulu
2021 Latest Caselaw 1161 Tel

Item No.47

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

          I.A.No.1 OF 2021 IN/AND W.A.No.115 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The appellants (respondents No.6 and 7 in W.P.No.5448 of

2021) are aggrieved by an interim order dated 08.03.2021 passed by

the learned Single Judge on a stay application moved by the

respondents No.1 to 6/writ petitioners.

2. We may note that while issuing notice for admission and

posting the matter on 30.03.2021, the learned Single Judge

had directed that in the meantime the competent authority may take

steps to protect the 'Padamata Cheruvu' to the extent of Acs.16.39

guntas existing in Survey No.358 and part of Survey No.381/A/1 in

Mudunuru Gram Panchayat, Tallada Mandal, Khammam District.

3. At the outset, we have enquired from learned counsel for the

appellants as to whether the appellants have filed an application for

seeking vacation of the impugned interim order. He concedes that

they have not filed any such application. We may note that even when

the appellants had appeared before the learned Single Judge on

30.03.2021, no effort has been made to seek vacation of the interim

order. It is stated that at the request of learned counsel for the

respondents 1 to 6/writ petitioners, the writ petition has been

adjourned by two weeks.

4. We are of the opinion that the appellants ought to have moved

the learned Single Judge first by filing a vacate stay application and

informing the said court that they are patta holders of the subject land,

as is being stated before us.

5. We decline to entertain the present appeal, which is accordingly

closed along with the pending applications, if any, with liberty granted

to the appellant to approach the learned Single Judge for appropriate

relief.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 09.04.2021 Lrkm/pln