THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1449 of 2014
DATED:26.11.2014 Between:
The Zilla Parishad, Khammam District, Khammam.
And Dr. B. Nageswara Rao, Khammam Town & Khammam District and others.
… Appellant ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1449 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ appeal is dismissed summarily as we find that the appellant itself has changed the cause title of the writ petition without the permission of the Court and in the appeal, the State of Telangana has been arrayed as party respondent.
In the cause title of the writ petition or even in the cause title mentioned in the judgment and order of the learned Single Judge, there is no mention of the State of Telangana. The change of cause title can be doe by the Court and Court alone after a lis is filed and the litigant cannot change that without the leave of the Court. Therefore, on account of this apparent formal but factual defect, the appeal is dismissed.
However, liberty is given to the appellant to prefer an appeal afresh in accordance with law and in proper form.
Pending miscellaneous applications shall also stand closed. No costs.
K.J. SENGUPTA, CJ 26th November, 2014 Pnb SANJAY KUMAR, J