THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Appeal No.1047 of 2014
DATED:30.7.2014 Between:
Awara Banjara Organisation, Hyderabad.
… Appellant And Vani Sree Educational Society, Ramnagar, Mancherial and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Appeal No.1047 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the writ petitioners-unofficial respondents submits that the appeal itself may be allowed and the matter may be remanded to the learned trial Judge for fresh hearing in accordance with law.
In view of his submission, we allow the appeal and set aside the interim order passed by the learned trial Judge, impugned in this appeal, with the following order:
It appears that the writ petition was filed impleading the then State of Andhra Pradesh represented by the Principal Secretary, Higher Education Department; the Andhra Pradesh State Council for Higher Education and the Commissioner and Director of Collegiate Education.
On and from 2.6.2014, the erstwhile State of Andhra Pradesh has been bifurcated. In view of the subsequent development, pending hearing of the writ petition, all lawful measures should have been taken for impleading the State of Telangana. Without doing that the learned trial Judge was called upon to pass the interim order by keeping the writ petition pending for hearing though it was made ready for final decision. We, therefore, permit the writ petitioners-unofficial respondents to take steps in accordance with law. Since the affidavits are complete, we desire that the learned trial Judge will kindly hear out the writ petition itself finally without passing any interim order on piece meal basis.
The writ appeal is accordingly allowed. No costs.
K.J. SENGUPTA, CJ 30th July, 2014 Pnb M.S. RAMACHANDRA RAO, J