IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.15 OF 2010 Dt.20.1.2010 Between: Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam Rep. by its Executive Officer & Regional Joint Commissioner Simhachalam, Visakhapatnam District … Appellant And Gunisetty Jyothi and others … Respondents Counsel for the Appellant: Sri V. Venugopala Rao Counsel for Respondent Nos.1 and 2: Sri S.V.R. Subrahmanyam Counsel for Respondent No.3: G.P. for Endowments THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.15 OF 2010 JUDGMENT: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) This Writ Appeal is filed against order dt.16.12.2009 in W.P.M.P. No.32089 of 2009 in W.P. No.24676 of 2009 whereby the learned Single Judge granted interim stay in favour of respondent Nos.1 and 2 after the appellant filed its counter affidavit. At the hearing, Sri V. Venugopala Rao, learned Counsel for the appellant, submitted that the learned Single Judge did not take into consideration the averments contained in the counter affidavit filed by the appellant and the objections raised by it for granting stay. The learned Counsel for respondent Nos.1 and 2 fairly submitted that as the order passed by the learned Single Judge is only interim in nature, the appellant can as well seek vacation of the said order and in such an event, he is prepared to argue the case for sustaining the interim order granted by the learned Single Judge. In the light of the submissions of the learned Counsel for the parties, the Writ Appeal is disposed of, without going into the correctness or otherwise of the order passed by the learned Single Judge and with liberty to the appellant to file an application for vacating the order under appeal. If such an application is filed, we are sure that the learned Single Judge will hear both the parties and pass an appropriate order. As a sequel to disposal of the Writ Appeal, W.A.M.P. No.55 of 2010, filed by the appellant for interim relief, is disposed of as infructuous. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 20.1.2010 bnr