THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1673 of 2014 DATE: 30.12.2014 Between:
R. Mallikarjuna Rao, Krishna District.
… Appellants And Napalli Netha Prasad, Krisna 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.1673 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the parties, we admit the appeal and allow the same only on one ground that the impugned order has been passed in the Writ Petition, which is not lawfully instituted against a necessary party.
Government of Andhra Pradesh is not a sui juris, as the State of Andhra Pradesh is necessary party, as per Article 300 of the Constitution of India read with Section 79 of the Code of Civil Procedure.
We permit the respondents-writ petitioners to apply for amendment of the cause title within fortnight from the date of production of this order. It is also open for the writ petitioners to apply afresh for interim relief after the amendment is carried out.
Pending miscellaneous applications, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 30.12.2014
va