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. 951 OF 2014 DATED: 24.6.2014 Between:
Tayyib Muslim Welfare Society, Mochampet, Kadapa City, YSR District and another … Appellants And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO. 951 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the appellants, after arguing the matter for the last few days, submits upon instructions that he wants to withdraw the writ appeal, however, suitable clarification should be made by us so that his clients can file a fresh application placing all facts, which were not disclosed earlier in the writ petition. Learned counsel for the respondent – review applicant has no objection to this prayer.
In view of this, we clarify that the judgment and order of the Hon’ble Trial Judge will not prevent and prejudice the appellants from making a fresh application placing all facts, which were not placed earlier in the writ petition and subsequently disclosed in the counter affidavit filed in the review application. If such fresh application is made, in the lines as above suggested by the learned counsel for the appellants and accepted by us, it is open for the Writ Court to decide the matter afresh taking note of all facts.
With the above observations, the Writ Appeal is dismissed as withdrawn. No order as to costs.
Consequently, the miscellaneous petitions, if any, pending in the writ petition shall also stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 24.6.2014 cbs/bnr