High CourtsDivision Bench(2021) 10 AP CK 0015

Mogarpathi Chiranjeevi Rao vs Erapa Mukkaya

Andhra Pradesh High Court · Decided on 8 October 2021

HON’BLE JUDGES
Arup Kumar Goswami, CJ · Ninala Jayasurya, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 643 Of 2021

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Judgment

8 paragraphs · 336 words

Arup Kumar Goswami, CJ

(Taken up through video conferencing)

1.

Heard Mr. P.R.K. Amarendra Kumar, learned counsel for the appellant. Also heard Mr. K.V.J.N. Pundareekakshudu, learned counsel for respondent Nos.1 to 3/writ petitioners, and Mr. T.N.M. Ranga Rao, learned Government Pleader for Social Welfare appearing for respondent Nos.4 to 8.

2.

Aggrieved by extension of interim order dated 22.02.2021 in W.P.No.3987 of 2021 from time to time, the appellant, who is respondent No.6 in the said writ petition, has filed the present appeal.

3.

It is submitted by Mr. P.R.K. Amarendra Kumar, learned counsel for the appellant, that though the appellant had filed an application, registered as I.A.No.3 of 2021 in W.P.No.3987 of 2021, seeking vacation of the interim order dated 22.02.2021, on 04.03.2021, the same has not been disposed of till now and the interim order is being extended from time to time. He has also pointed out that on 29.07.2021, while adjourning the case to 12.08.2021, the learned single Judge had observed that if counter-affidavit of the official respondents was not filed by the next date fixed, the matter would be heard and decided on the basis of the materials available on record and despite such observation, the respondent Nos.1 to 4 had not filed counter-affidavit.

4.

Mr. T.N.M. Ranga Rao, learned Government Pleader for Social Welfare, submits that within a period of two weeks from today, the counter-affidavit of respondent Nos.1 to 4 will be filed in the writ petition.

5.

Having heard the learned counsel for the parties, we direct the Principal Secretary to Government, Social Welfare Department, to file counter-affidavit in the writ petition on behalf of respondent Nos.1 to 4 within a period of two weeks. We request the learned single Judge to dispose of the vacate stay application filed by the appellant as early as possible. Registry will list the writ petition before the learned single Judge for consideration on 02.11.2021.

6.

Accordingly, the writ appeal stands disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.