THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT APPEAL No.155 of 2024

JUDGMENT:

(per the Hon’ble the Chief Justice Alok Aradhe)

Mr. P. Venugopal, learned Senior Counsel represents Mr. I. Gopal Sharma, learned counsel for the appellant.

Mr. A. Venkatesh, learned Senior Counsel represents Mr. Y. Pandarinath Goud, learned counsel for respondent No.6.

2. With the consent of the learned Senior Counsel for the parties, the Writ Appeal is heard finally.

3. This intra court appeal is filed against the interim order dated 30.06.2023 passed by the learned Single Judge, in I.A.No.2 of 2023 in Writ Petition No.7830 of 2023 by which the learned Single Judge has disposed of the aforesaid Interlocutory Application filed by the appellant seeking vacation of the interim order dated 21.03.2023 passed in the aforesaid Writ Petition and has made the interim order dated

21.03.2023 absolute.

4. Facts giving rise to filing of this Writ Appeal briefly stated are that respondent No.6/writ petitioner had filed Writ Petition No.7830 of 2023 in which the action of official respondents in according permission to establish a new toddy shop in Kamareddy Municipality area in favour of the appellant was assailed on the ground that the appellant has been permitted to operate the toddy shop in the same area of operation of the toddy shop by respondent No.6/writ petitioner.

5. The learned Single Judge granted an ad interim order dated 21.03.2023 directing the parties to maintain status quo. The appellant thereupon filed an application seeking vacation of the aforesaid interim order. The learned Single Judge by an order dated 30.06.2023 has held that whether the appellant is operating the toddy shop in the same area of operation of toddy shop by the writ petitioner or is having a separate area for operation of toddy shop requires detailed consideration. Therefore, the interim order granted on 21.03.2023 was made disposed of. Hence, this Writ Appeal.

6. Learned Senior Counsel for the appellant submitted that the learned Single Judge ought to have assigned cogent reasons while deciding the application seeking vacation of the aforesaid interim order. It is therefore prayed that the order dated 30.06.2023 passed by the learned Single Judge be set aside and the matter be remitted to the learned Single Judge to decide I.A.No.2 of 2023 filed by the appellant seeking vacation of order of stay dated 21.03.2023 afresh.

7. On the other hand, learned Senior Counsel for respondent No.6 has supported the order passed by the learned Single Judge.

8. We have considered the submissions made on both sides.

9. The learned Single Judge while passing the order dated 30.06.2023 has not adverted to the grounds urged by the appellant in the application seeking vacation of the stay and Therefore, we set aside the order dated 30.06.2023 in I.A.No.2 of 2023 and request the learned Single Judge to decide the aforesaid Interlocutory Application afresh expeditiously. However, we may clarify that since the pleadings in the Writ Petition are also complete, the learned Single Judge shall be at liberty to decide the Writ Petition itself on merits.

10. Accordingly, the Writ Appeal is disposed of.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

___________________

ALOK ARADHE, CJ ____________________

J. SREENIVAS RAO, J

15^th OCTOBER, 2024.

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