HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1240 OF 2014 DATE: 07.10.2014 Between:
The Divisional Forest Officer, Giddalur, Prakasam District & another.
… Appellants And Sk. Feroz … Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1240 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred by the forest officials, who were the respondents in the writ petition, feeling aggrieved by the order dated 06.03.2014 of the learned Trial Judge, whereby His Lordship was pleased to set aside the notice, which was impugned in the writ petition, and directed the Divisional Forest Officer – 1st appellant herein to consider the reply dated 15.01.2014 filed by the writ petitioner in pursuance of the notice dated 04.01.2014.
Learned Government Pleader appearing for the appellants submits that the impugned order should not have been passed by the learned Trial Judge as the writ petitioner was put on notice and after considering the illegality committed by the writ petitioner the order dated 06.03.2014 was passed.
We have noticed the findings of the learned Trial Judge that the notice impugned in the writ petition was issued without considering the representation dated 15.01.2014 of the writ petitioner and the stand taken therein. According to us, without considering the case of the writ petitioner no order could be passed nor any decision could be taken affecting the right of the writ petitioner – respondent. In substance, we find that the learned Trial Judge has asked the appellant officials to consider the matter afresh, but no decision has been taken so far. We therefore do not find any reason to interfere with the impugned order.
The writ appeal is accordingly dismissed. However, we make it clear that any observation made by the learned Trial Judge with regard to the merit of the matter will not be an influencing factor.
Pending miscellaneous petitions, if any, shall stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 07.10.2014 ES