HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1308 OF 2014 DATED:21.10.2014 Between:
A. Shankara Rao … Appellant And Chimme Johan Barnabas and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1308 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Having regard to the averment and statement made in the writ petition and also the prayer in connection thereof, we are of the view that the writ petition should not have been filed before the Hon’ble single Judge as the writ petitioner does not have any individual interest, and at the most, if at all, it could be a public interest litigation. Therefore, the learned trial Judge should not have dealt with a matter of this nature as he had no jurisdiction to entertain such writ petition and consequently pass such an order. On the ground of lack of jurisdiction, the impugned judgment and order is set aside.
The Writ Petition is restored to file and we direct the Registry to convert the same, subject to question of maintainability, as a public interest litigation and subject to permission of the Hon’ble The Chief Justice on the administrative side.
We make it clear that any action by any official is not stayed or quashed.
The return of the costs paid will be examined after the matter is considered by this Court.
The writ appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 21.10.2014 bnr