WP/20418/2008 of Yelaka Nathan Gabriel Vs The District Collector, Visakhapatnam, on 31 December 2010

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

PRESENT

THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRUAND

THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

WRIT APPEAL NO.1168 OF 2010ANDWRIT PETITION NO.20418 OF 2008

DATED:31.12.2010

Between:

Yelaka Nathan Gabriel and others … Appellants/petitioners

And

The District Collector, VisakhapatnamVisakhapatnam Districtand others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRUAND

THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

WRIT APPEAL NO.1168 OF 2010ANDWRIT PETITION NO.20418 OF 2008

COMMON JUDGMENT:(per the Hon’ble the Chief Justice Shri Nisar AhmadKakru)

On the basis of affidavit of the appellants - petitioners an ex partead interim relief was granted by the writ Court and the interim mattercame to be considered finally after receiving counter affidavit from theother side. In the counter affidavit the respondents while refuting theclaim of possession advanced by the appellants – writ petitioners,pleaded very specifically that they are in possession of the property inquestion. The counter affidavit was filed on 17.12.2009. No effortwhatsoever was made by the appellants – petitioners to controvert thestand of the respondents and in totality of the circumstances, the learnedsingle Judge did not extend the interim direction, fall out being dismissalof the stay petition accordingly ad interim direction was vacated. Wefind no fault with the order. Dismissed.

At this stage, learned counsel for the appellants – petitionerssought withdrawal of the writ petition itself with liberty to invokeappropriate remedy before appropriate forum. Writ petition is dismissedas withdrawn with liberty aforementioned.

VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ

31-12-2010

B. Narsinga Rao