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.799 OF 2014 DATED:05.6.2014 Between:
B. Kamalamma … Appellant And Cholleti Purushotaham Chary and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.799 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing Sri V. Venkataramana, learned Senior Counsel appearing for the appellant, and also the learned counsel for the writ petitioners – respondents, we think it fit to dispose of the appeal finally by the following order.
It appears that the learned trial Judge has not decided anything on the issue raised by the writ petitioners. However, the learned trial Judge asked the writ petitioners to approach respondent Nos.5 and 6 in the writ petition. The learned trial Judge has passed an innocuous order for, on one hand, His Lordship directed respondent Nos.5 and 6 in the writ petition to consider the representation dt.6.1.2014 submitted by the writ petitioners and pass appropriate orders within a period of three weeks from the date of receipt of a copy of the order, and on the other hand, directed respondent Nos.5 and 6 therein that, if they are convinced that the petitioners are entitled to receive compensation, the compensation shall be released within a period of two weeks thereafter. We think that after passing the first portion of the order, the latter portion of the order was not warranted. Therefore, the latter portion of the order is deleted.
Learned counsel for the appellant has taken a very crucial point that respondent Nos.5 and 6 in the writ petition cannot decide the matter after the Award is passed. According to him, it is for the Civil Court to decide. Therefore, respondent No.5 in the writ petition shall serve a notice on the appellant and decide this crucial point raised as to whether he is having power, notwithstanding the order passed by the learned trial Judge. Till such decision is taken, no compensation amount shall be released to anyone else. This exercise shall be completed within a period of six weeks from the date of communication of this order.
The appeal is accordingly disposed of. There will be no order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 5.6.2014 bnr