B.Prabhakar vs The State Of Telangana
2023 Latest Caselaw 4046 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                 AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                  WRIT APPEAL No.553 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. M. Rama Rao, learned counsel for the appellants.

       Mr. T. Srikanth Reddy, learned Government Pleader

for Revenue, for the respondents.

2. This intra court appeal has been filed against an

interim order dated 04.05.2023 passed by the learned

Single Judge in I.A.No.1 of 2023 in W.P.No.13034 of 2023,

which reads as under:

"W.P.No.13034 of 2023 Notice before admission.

Learned Assistant Government Pleader for Revenue takes notice for the respondents and seeks time for filing counter.

Post on 12.06.2023 for filing counter.

I.A.No.1 of 2023.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents.

This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in trying to demolish the houses of the petitioners in an area ::2::

of Acs.3.10 guntas in Survey No.49, out of total extent of Acs.37.26 guntas, situated at Aziz Nagar Village, Moinabad Mandal, Ranga Reddy District, as illegal and arbitrary.

No document is filed to show the right and possession over the subject property belonging to the petitioners. Further, even the copy of the pahani filed by the petitioners along with the writ petition paper book shows that the subject property belongs to the Government. In the circumstances, this Court is not inclined to pass any interim order.

Hence, this application is dismissed."

3. We have heard the learned counsel for the appellants

at length.

4. Supreme Court in Shyam Sel and Power Limited

vs. Shyam Steel Industries Limited 1 has held that an

interim order could not be construed to be a judgment

within the meaning of Clause 15 of the Letters Patent.

5. Therefore, the writ appeal against the aforesaid

interim order dated 04.05.2023 is not maintainable and

the same is accordingly dismissed.

(2023) 1 SCC 634 ::3::

As a sequel, miscellaneous petitions, pending if any,

stand closed.

____________________________ ALOK ARADHE, CJ

____________________________ N.V.SHRAVAN KUMAR, J

Date: 15.11.2023 ES