Pedda Bazar Sanjeevaiah Park ... vs Rajaka Sangh

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                         AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                     WRIT APPEAL No.421 of 2019

JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present writ appeal is arising out of order dated

23.04.2019

passed in I.A.No.1 of 2019 in W.P.No.6570 of 2019 by the learned Single Judge.

The facts of the case reveal that the present appellant has filed a civil suit i.e., O.S.No.286 of 2018 seeking a declaration that the Modern Mechanized Laundry Unit at Dhobi Ghat, Phast-II, Sikh Village, Secunderabad, be handed over to it and the civil suit is still pending. During the pendency of the civil suit, a writ petition was preferred by writ petitioner/Rajaka Sangh for a direction to the State of Telangana to hand over the unit to them. An interim order was passed by the learned Single Judge directing handing over of the Modern Mechanized Laundry Unit to the writ petitioner. Against which the present writ appeal was preferred and the interim order passed by the learned Single Judge has been stayed.

Learned counsel appearing for the appellant has stated before this Court that unless and until the civil suit is decided or the writ petition is decided on merits, the unit cannot be handed over to the Rajaka Sangh.

This Court after careful consideration of the documents on record is of the opinion that the writ petition deserves to be decided on merits because the relief, which has been granted by way of interim order, is, in fact, a final relief. The appellant was also not a party in the writ petition.

Resultantly, the interim order granted by the learned Single Judge dated 23.04.2019 passed in I.A.No.1 of 2019 in W.P.No.6570 of 2019 is hereby set aside. The appellant is granted permission to file an implead application before the learned Single Judge and the learned Single Judge is requested to decide the matter on merits after hearing all the parties.

With the aforesaid, the writ appeal stands disposed of. List the writ petition on 27.12.2021 before the Bench having the roster.

Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 16.12.2021 ES