THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.925 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 23.10.2019 in W.P.No.22554 of 2019.
The facts of the case reveal that the writ petition
was preferred by the respondents No.1 to 10 herein/writ
petitioners making a prayer for issuance of direction to the Assistant Director of Fishermen/Ex-Officio, Deputy Registrar of Fishermen Cooperative Societies Nizamabad, Nizamabad District, to consider their representations in respect of membership/fishing rights. The writ petition was disposed of at motion hearing stage itself by the learned Single Judge with a direction to the respondent authorities to consider the writ petitioners' representation dated 24.07.2019, subject to payment of requisite charges.
Learned counsel for the appellant has argued before this Court that the appellant, Fishermen Co-operative Society, was a necessary party as its rights and interest are being affected in the matter and, in all fairness, the appellant should have been heard in the matter. He has stated that as the order has been passed without hearing 2 the appellant, the matter be remanded back to the learned Single Judge to hear the appellant also and to pass appropriate orders.
Learned counsel appearing for the other side has also fairly agreed to the same proposition.
Resultantly, the writ appeal stands disposed of and the order passed by the learned Single Judge is set aside. It is needless to mention that the present appellant was a party in the writ petition. However, without any notice to the appellant, the writ petition was disposed of. Resultantly, the learned Single Judge is requested to pass appropriate orders on merits afresh after hearing all the parties.
Registry is directed to list the subject writ petition along with W.P.No.1071 of 2012 before the learned Single Judge having roster on 17.11.2021.
The miscellaneous applications pending in this appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 28.10.2021 vs