THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1199 of 2014 DATE: 27.11.2014 Between:
Lala Ganesh, Medak and others … Appellants And Vaddepalli Narsimulu, Wadiaram Village, Chegunta Mandal, Medak District and 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.1199 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is preferred against the judgment and order dated 22.07.2014 passed by the learned Single Judge, who allowed the Review Application and also the Writ Petition.
It appears that the first judgment in the Writ Petition was delivered on 02.06.2014, the date on which the original State of Andhra Pradesh was bifurcated by allocation of new State of Telangana. According to us, during the pendency of the Writ Petition, the State was undivided and the description of State in Writ Petition was perfectly all right. But on the day of delivery of judgment, it was pronounced with original cause title. We are of the view with the delivery of judgment before signing necessary change in the description of the State in the cause title ought to have been ordered. Moreover, it appears that the respondent was the Government of Andhra Pradesh. According to us, under Article 300 of the Constitution of India, the Government could not be sued where the State of Andhra Pradesh ought to have been sued.
Keeping this same description of the Sate, the Review Application was filed after bifurcation. The Hon’ble trial Judge passed impugned order thereon. Therefore, the entire proceedings, according to us, are procedurally flawed, as the effect is that both the judgments and orders were passed against one of the non existent respondent. On that ground alone, both the judgments are set aside. The Writ Petition is to be restored on file, it will be open for the writ petitioners to take steps for the impleadment of necessary party in accordance with law consequent upon bifurcation of the erstwhile State of Andhra Pradesh. If such application is made within seven days from the date of receipt of a copy of this order, the Writ Petition has to he heard afresh by the appropriate Court dealing with this subject in accordance with law, of course, without being influenced and persuaded by the reasoning given by the learned trial Judge. As the judgment of His Lordship has been set aside, it can no longer be a precedent nor reliance can be placed.
The Writ Appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
Date: 27.11.2014
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