IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.1172 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 6.7.2007 in WPMP.No.18085 of 2007 in Writ Petition No.14390 of 2007 on the file of the High Court.) Between: The Superintending Engineer, TL & SS Circle, Visakhapatnam. ...Appellant And 1. M.V. R. Murthy. 2. The Transmission Corporation Ltd., represented by its Managing Director, Hyderabad. 3. The Divisional Engineer, TL & SS Division, Gajuwaka, Visakhapatnam. 4. The Superintending Engineer, Operation Circle, Visakhapatnam. (Respondent Nos.2 to 4 are not necessary parties) ...Respondents Counsel for the appellant : Sri P. R. Balarami Reddy Counsel for respondent No.1 : Sri V. Mallik The Court passed the following: JUDGMENT: (Per Anil R. Dave, C.J.) Admit. At the request of the learned Advocates and looking to the facts of the case, the appeal is finally heard today. The short question is with regard to grant of interim relief by the learned Single Judge. Upon perusal of the papers and the interim order, we ﬁnd that the appellant did not get a chance to ﬁle his counter aﬃdavit before the learned Single Judge. Without giving an opportunity to the appellant – original respondent No.2, the learned Single Judge had heard WPMP.No.18085 of 2007 and ultimately passed the interim order. Looking to the facts of the case, we feel that it would be just and proper if the appellant is permitted to ﬁle his counter aﬃdavit in the afore-stated WPMP. For that sake, we quash and set aside the impugned interim order dated 6th July, 2007 and remit the matter to the learned Single Judge taking up such matters so that after permitting the appellant to ﬁle his counter aﬃdavit, the question with regard to grant of interim relief can be decided afresh. We clarify that we have not considered the matter on merits. The appeal is allowed with no order as to costs. Counter aﬃdavit shall be ﬁled by the appellant as soon as possible so that the matter can be decided afresh. Learned Advocate for the appellant has submitted that within two weeks from today, he shall ﬁle his counter aﬃdavit, and thereafter, it is directed that the Registry shall notify the matter before the learned Single Judge. ANIL R. DAVE, C.J. 15th October, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. Two CD copies. ARS