IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.1168 OF 2010 AND WRIT PETITION NO.20418 OF 2008 DATED:31.12.2010 Between: Yelaka Nathan Gabriel and others … Appellants/petitioners And The District Collector, Visakhapatnam Visakhapatnam District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.1168 OF 2010 AND WRIT PETITION NO.20418 OF 2008 COMMON JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) On the basis of affidavit of the appellants - petitioners an ex parte ad interim relief was granted by the writ Court and the interim matter came to be considered finally after receiving counter affidavit from the other side. In the counter affidavit the respondents while refuting the claim of possession advanced by the appellants – writ petitioners, pleaded very specifically that they are in possession of the property in question. The counter affidavit was filed on 17.12.2009. No effort whatsoever was made by the appellants – petitioners to controvert the stand of the respondents and in totality of the circumstances, the learned single Judge did not extend the interim direction, fall out being dismissal of the stay petition accordingly ad interim direction was vacated. We find no fault with the order. Dismissed. At this stage, learned counsel for the appellants – petitioners sought withdrawal of the writ petition itself with liberty to invoke appropriate remedy before appropriate forum. Writ petition is dismissed as withdrawn with liberty aforementioned. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 31-12-2010 B. Narsinga Rao