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2018 Supreme(AP) 376

RAMESH RANGANATHAN, J.UMA DEVI
Siddavarapu Anantha Sigvarama Krishna Reddy – Appellant
Versus
Penna Cement Industries Limited (PICL) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri C.V. Mohan Reddy, Learned Senior Counsel and Sri S. Srinivas Reddy.
For the Respondent: Sri D.V. Sitharamamurthy, Learned Senior Counsel, M/s. Pillix Law Firm, Sri K. Lakshman, Assistant Solicitor General, G.P., Sri E. Subba Rao.

JUDGMENT :

RAMESH RANGANATHAN, J.

1. It is not often that, in an intra-Court appeal preferred against an interlocutory order, that too an order as short as the one in the present case, such an elaborate order is passed by a Division Bench in the exercise of its jurisdiction under Clause 15 of the Letters Patent. The present case necessitates such an elaborate order, as it illustrates the damage which can be caused to a party, who is not even arrayed as a respondent before the Writ Court, by an innocuously couched interim relief which is however sought to be used to deprive him of the property in his possession.

2. This appeal is preferred, under Clause 15 of the Letters Patent, against the order passed by the Learned Single Judge in I.A. No.1 of 2018 in W.P. No.11730 of 2018 dated 17.04.2018. The respondent-writ petitioner filed W.P. No.11730 of 2018 on 29.03.2018 seeking a writ of mandamus to declare the action of the State of A.P, and Krishnapatnam Port Company Ltd (hereinafter called KPCL), in not extending the grace period to them, under the Right to Use Agreement, in order to complete construction of the Cement Grinding Unit, along with the Conveyor Belt, in the land ear-marked a



















































































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