THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.399 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 28.06.2021 passed by the learned Single Judge in
W.P.No.14176 of 2021.
The facts of the case reveal that the writ petition
was preferred by the writ petitioner/respondent No.3
herein for declaring the action of the respondent No.2, i.e., the Telangana State Industrial Infrastructure Corporation Limited in not permitting the petitioner to install generator as a stop gap measure to the premises bearing plot No.135 B in survey No.342 of ALEAP Industrial Estate situated at Gajularamaram Village, Qutbullapur Mandal, Ranga Reddy District. Undisputedly, the appellant was also a respondent in the writ petition. However, without hearing the appellant herein and without issuing a notice to the appellant herein, the writ petition has been disposed of by the learned Single Judge.
Learned counsel for the appellant has argued before this Court that a civil suit is also pending between the 2 parties and the appellant should have been heard in the matter.
In the considered opinion of this court, as an ex parte order has been passed by the learned Single Judge, the order passed by the learned Single Judge is set aside. The writ petition is restored to its original number. The office is directed to list the writ petition before the learned Single Judge on 10.12.2021. The parties shall appear before the learned Single Judge on 10.12.2021.
The writ appeal is accordingly allowed. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 19.11.2021 vs