THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No. 102 OF 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present writ appeal is directed against an interim order
dated 13.12.2017 passed by the learned Single Judge on a
miscellaneous application, registered as W.P.M.P.No.47879 of 2017,
moved by the respondents No.6 and 7/writ petitioners in
W.P.No.38572 of 2017.
2. By the interim order, the learned single Judge has suspended
the proceedings taken out by the respondent No.4/Tahsildar, Ramagiri
Mandal, Peddapally District and has directed him to mutate the names
of the respondents No.6 and 7/writ petitioners in the revenue records
on the basis of the order dated 30.10.2015, passed in
SOP.No.293 of 2012, within a fixed timeline.
3. It is the stand of the appellant that by virtue of the interim
order, the learned single Judge has actually allowed the writ petition
itself which is still pending adjudication.
4. Learned counsel for the respondents No.6 and 7/writ petitioners
states that while the appellant has been in a tearing hurry to approach
this court by filing an appeal, she has not taken any steps so far to file
a counter affidavit and as a result, the writ petition is still pending
adjudication.
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5. It is deemed appropriate to dispose of the present appeal with
directions to the appellant to file a counter affidavit in the pending
writ petition within four weeks with a copy to learned counsel for the
respondents No.6 and 7/writ petitioners, who may file rejoinders, if
any, within four weeks thereafter. The impugned order dated
13.12.2017 being only interim in nature, the learned Single Judge is
requested to decide the matter after examining the stand of both sides,
preferably within three months from the date pleadings are completed
in the writ petition.
6. The present appeal is accordingly disposed of along with the
pending applications, if any.
______________________________ HIMA KOHLI, CJ
______________________________ B. VIJAYSEN REDDY, J
02.02.2021 JSU
W.A.No.102 of 2018 Page 2 of 2
