HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1216 OF 2014
DATED: 24.09.2014 Between:
Sri Veera Brahma Deva Educational Society … Appellant and The Government of Andhra Pradesh and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1216 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
We have heard all the learned counsel appearing for the parties. We have seen the impugned judgment and order of the learned trial Judge. We are of the view that the impugned judgment and order of the learned trial Judge is unsustainable in law for the following reasons:
The prayer of the writ petitioner is not only refused by the learned trial Judge but also passed some other order, which was not asked for by the writ petitioner or not even by any of the parties. It seems to us that the learned trial Judge has taken up the Court power suo motu. According to us, it is not permissible under law. We set aside the impugned judgment and order of the learned trial Judge, however, with liberty to the victim to take steps in accordance with law, as may be advised.
The writ appeal is accordingly allowed. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
24th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni