Ashok Bhushan, Ag.CJ
Heard learned counsel for the appellant as well as the learned counsel appearing for the 1st respondent .
2. This writ appeal has been filed against the judgment dated 18/09/2014 in W.P.C.No.23236 of 2014. The 1st respondent herein who was the writ petitioner had filed the writ petition seeking a direction to the 1st respondent to consider and pass orders on Ext.P5 representation. The petitioner had produced certain further orders in connection with his building permit dated 17/07/2013. The case of the appellant is that he had already challenged the building permit granted to the writ petitioner by filing a writ petition before this Court which is still pending. He submits that he was a necessary party to be impleaded in W.P.C.No.23236 of 2014, if any further direction was sought by the writ petitioner in connection with the building permit.
3. In the writ petition giving rise to this appeal, the appellant was admittedly not a party. The learned counsel for the petitioner/1st respondent submits that the only direction issued by the learned Single Judge is to take a decision on Ext.P5, in accordance with law. We have considered the submission of the learned counsel for the parties and perused the records. The learned Single Judge disposed of the writ petition on 18/09/2014 without the appellant being a party before the Court and without all relevant litigation which is pending consideration, are brought to the notice of the Court by the appellant.
4. The learned counsel for the writ petitioner submits that he has already disclosed all the details regarding the writ petition pending. Be that as it may, in view of the fact that by judgment dated 18/09/2014 the writ petition is not pending before the learned Single Judge and it requires to be revived, we permit the appellant to be impleaded as 3rd respondent in the writ petition and the writ petition be heard thereafter.
In the result, this writ appeal is allowed. Judgment dated 18/09/2014 in W.P.C.No.23236/2014 is set aside and the writ petition is remitted back for hearing before the learned Single Judge. The registry shall place the writ petition before the learned Single Judge for hearing with appellant as additional 3rd respondent. The learned counsel for the petitioner may make a request to the learned Single Judge for early hearing of the matter.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr