THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO
Writ Appeal No.1592 of 2014
DATED:17.12.2014 Between:
Narayana Medical College, Nellore.
… Appellant And Darisi Vaishnavi, SPSR Nellore District 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.1592 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Despite notice, none appeared for the respondent-writ petitioner and the other respondents are not necessary parties.
It appears, the Hon’ble trial Judge has passed an order on a writ petition, which is not lawfully instituted by reason of the fact that the Government of Andhra Pradesh is not a sui juris under Article 300 of the Constitution of India. It is the State of Andhra Pradesh or the State of Telangana, as the case may be, would be the necessary party. It appears that the direction has been given upon the State Government.
Therefore, we set aside this order of the learned trial Judge on that ground and we restore the writ petition for further hearing by the learned trial Judge having determination over the matter, provided, the writ petitioner takes steps for necessary amendment of cause title within one week from the date of receipt of a copy of this order, failing which, the writ petition, will stand dismissed.
The appeal is accordingly allowed.
The miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 17th December, 2014 M.S. RAMACHANDRA RAO, J Pnb