IN THE 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. 1631 of 2014 Date: 23.12.2014 Between:
The Fishermen Co-operative Society B. Yaleru, Anantapuram District.
… Appellant And The State of Andhra Pradesh, rep., by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad & others.
… Respondents 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. 1631 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Single Judge, whereby His Lordship was pleased to dismiss the writ petition observing that there has been an alternative remedy by way of an appeal.
Learned counsel for the appellant does not dispute the provision of appeal. He however submits that the officials, who have passed the order, have no jurisdiction and power to decide the matter.
We are of the view that the appellate authority will very well adjudicate this point. We also desire that the appellate authority decides the question of jurisdiction first and thereafter proceed with the matter on merit.
The appeal is accordingly disposed of.
Pending miscellaneous petitions, if any, shall also stand disposed of. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 23.12.2014 ES