WA/1677/2014 of Muddu Appalakonda, Vs The District Collector, on 31 December 2014

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA

AND

THE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT APPEAL No.1677 of 2014

DATE: 31.12.2014Between:Muddu Appalakonda,Duvvada Village,Visakhapatnam and another.

… Appellants

AndThe District Collector,Visakhapatnam and others.… Respondents This Court made the following:

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT APPEAL No.1677 of 2014

Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

We are not interfering with the judgment and order of thelearned trial Judge as the learned trial Judge, on facts found that theappellants have not been able to prove their possession.

However, the learned counsel appearing for the appellants-writ petitioners says that the fact is otherwise and an appeal is pendingbefore the appellate authority.

Hence, it would be open for the appellate authority to considerthe prayer for interim order, if prayed for before him. However, thejudgment and order of the learned trial Judge will not be a binding andinfluencing factor in that case.

The writ appeal is accordingly disposed of.

Consequently, pending miscellaneous petitions, if any, shallalso stand closed. No costs.

_________________

K.J. SENGUPTA, CJ

Date: 31stDecember, 2014pnb

_________________

SANJAY KUMAR, J