THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.18525 OF 2002 ORDER: This writ petition is directed against the orders passed by the 1st respondent – Agent to the Government/District Collector, East Godavari District on 2.9.2002 in AS No. 4 of 2002. The writ petitioner has instituted a civil suit bearing OS No. 5 of 2002 on the file of the Sub- Divisional Magistrate at Rampachodavaram, East Godavari District. He sought for a permanent injunction to restrain the defendants in the suit from interfering with his possession of a dwelling house constructed by him and he also sought for an injunction to restrain the defendants from bringing down the compound wall constructed by him. Pending the said civil suit, he has moved an interlocutory application IA No. 5 of 2002 in OS No. 5 of 2002 seeking ad interim injunction. The said IA No. 5 of 2002 has been ordered by Sub Divisional Magistrate on 4.6.2002. Against the said orders passed in IA No. 5 of 2002, the 1st defendant in the suit who appears to be the President of the local gram panchayat carried the matter by way of an appeal before the Agent to the Government and District Magistrate and Collector, East Godavari District. The Collector entertained the said appeal and passed orders vacating the injunction granted in IA No. 5 of 2002 in OS No. 5 of 2002. These orders were passed on 2.9.2002. The order reads as follows: “The interim orders passed in IA No. 5 of 2002 on AS No. 5 of 2002 on the file of the Sub Divisional Magistrate, Mobile Court, Rampachodavaram are set aside with a direction to the lower court to dispose the original suit with in 7 days from the date of receipt of this order. Accordingly the appeal suit disposed.” From a perusal of the said order, it would become clear that no reasons have been assigned by the appellate authority as to why the interim order passed by the Sub Divisional Magistrate in IA No. 5 of 2002 in OS No. 5 of 2002 has been vacated or dissolved. Secondly, there is no assessment, much less a proper assessment of the balance of convenience between the parties. Therefore, the present writ petition is directed against this order of the Agent to the Government-cum-District Magistrate and Collector, East Godavari District. It is a very well settled principle of law that all adjudicatory processes must draw support and inspiration from the reasons. Reasons reflect the application of mind. They also supply clarity and they will be free from improper exercise of mind by the authority concerned. For the sheer lack of reasons as to why the Appeal Suit No.4 of 2002 has been allowed by the Agent to the Government, the order deserves to be set aside. There is another facet to the entire controversy. When the Sub-Divisional Magistrate has granted ad interim injunction restraining the defendants in the suit from interfering with the peaceful possession of the plaintiff, if such an order is now dissolved, it would be giving a free hand for the defendants in the suit to interfere with the suit schedule property. If there is a compound wall constructed by the plaintiff/writ petitioner around his dwelling unit, the suit schedule property and if the same were to be demolished pending the civil suit, grave prejudice would be caused to the interests of the plaintiff. The only exception thereto could be the larger public interest requiring the demolition of such a compound wall. Therefore, a proper and careful assessment of the balance of convenience between the parties ought to have gone into the exercise. For these reasons, I have no hesitation to set aside the order passed by the Agent to the Government cum District Magistrate and Collector, East Godavari District in A.S.No. 4 of 2002 on 2.9.2002. Since the civil suit instituted by the writ petitioner has been pending for nearly eight long years, it is only appropriate that the Sub Divisional Magistrate would decide the civil suit, if not already decided by him, as expeditiously as possible, in any view of the matter within the next four months from today. The writ petition is accordingly allowed. No costs. --------------------------------- Nooty Ramamohana Rao, J knk 30th March 2010