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 Nos. 1442, 1454 and 1480 OF 2014 DATE: 03.12.2014 W.A.No.1442 of 2014 Between:
M/s. Sree Krishna Mutually Aided Cooperative Housing Society Limited, Rep., by its Secretary, Ranga Reddy District.
… Appellant And Andhra Pradesh Industrial Infrastructure Corporation Limited, rep., by its Vice Chairman & Managing Director, 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 Nos. 1442, 1454 and 1480 of 2014 COMMON JUDGMENT: (Per the Hon’ble Sri Justice Sanjay Kumar) These three appeals deserve to be allowed on a short ground which, though technical in nature, is fatal.
The three writ petitions from which these appeals arise were instituted against the Andhra Pradesh Industrial Infrastructure Corporation Limited, which, at the time of such institution, was the proper and necessary party. However, upon the bifurcation of the erstwhile State of Andhra Pradesh, a new company by name Telangana State Industrial Infrastructure Corporation Limited was incorporated under the provisions of the Companies Act, 1956 on 03.09.2014. The issues and disputes raised in these three writ petitions fell within the ambit of the newly incorporated company and the erstwhile Andhra Pradesh Industrial Infrastructure Corporation Limited, which, after the bifurcation, had control over operations only in the newly formed State of Andhra Pradesh, had no interest in the pending lis. However, without the newly incorporated Telangana State Industrial Infrastructure Corporation Limited being impleaded in the three writ petitions, the learned Single Judge heard the matters on merits and rendered two separate judgments.
It is to be noted that the said judgments were passed against the Andhra Pradesh Industrial Infrastructure Corporation Limited alone, which had no interest in the matter after 03.09.2014, and the same have no force or binding effect upon the newly incorporated Telangana State Industrial Infrastructure Corporation Limited. The judgments were, in effect, passed against a body which had no role to play as on the date of the decision. The judgments under appeals are accordingly set aside on this short ground without going into the merits and the matters are remitted to the learned Single Judge for adjudication afresh after impleadment of all proper and necessary parties.
The writ appeals are allowed.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 03.12.2014 ES