HONOURABLE THE ACTING CHIEF JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT APPEAL NO. 895 of 2010 JUDGMENT: (per Hon’ble the Acting Chief Justice B. Prakash Rao) This writ appeal is directed against the order of the learned single judge dated 3.11.2010 in W.P.M.P. No. 31022 of 2009 in W.P. No.23870 of 2009. Heard both sides. The appellant is the unsuccessful petitioner in interlocutory proceedings where he sought for stay of auction, which was scheduled to beheld on 7.11.2009 , pending the writ petition. Though initially, an interim order was granted in favour of the appellant, but however, basing on the submission made by the 6th respondent herein before the learned single judge that even though his bid was accepted and he paid the bid amount, the respondent-authorities were not delivering possession of coconut trees in view of pendency of the writ petition, the learned single judge modified the interim order earlier granted and directed the 4th respondent to deliver possession of the property to the 6th respondent. Challenging the said order, the appellant filed the present writ appeal. Admittedly, the lease which has been granted in favour of the appellant-writ petitioner has not been cancelled nor any proceedings have been issued by the respondent-authorities cancelling the same, in the absence of which, the respondent-authorities are not entitled to conduct auction and deliver possession to the auction purchaser. Likewise, since the lease granted in favour of the appellant is still subsisting and the same has not been cancelled by the respondent-authorities, the appellant cannot be dispossessed. In the circumstances, we feel it appropriate to modify the interim order of the learned single judge and direct the parties to maintain status-quo. Accordingly, the impugned order is modified and the parties are directed to maintain status-quo. The registry shall post the main writ petition itself for hearing before the learned single Judge after two months, subject to part-heard. The writ appeal is accordingly disposed of. No costs. _____________________ B. PRAKASH RAO,ACJ Date: 29th November, 2010 _________________ V. SURI APPA RAO,J pnb