THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1074 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. N.Praveen Kumar, learned Government Pleader
for Health, Medical and Family Welfare for the appellant.
Mr. Sridhar Lonkala, learned counsel for respondent
No.1.
2. With consent of the learned counsel for the parties, the matter is heard finally.
3. This intra court appeal has been filed against an order dated 27.07.2023 passed by the learned Single Judge in W.P.No.20074 of 2023, by which writ petition preferred by respondent No.1 has been allowed.
3. The writ petition was filed on 25.07.2023 seeking a direction to the respondents to decide the ::2::
representations submitted by respondent No.1 seeking refund of the caution money.
4. Learned Single Judge, however, by an order dated 27.07.2023, without giving an opportunity to the appellant to file the counter, has travelled beyond the scope of the writ petition and has directed refund of the caution money.
5. The order passed by the learned Single Judge has been passed without affording an opportunity to the appellant to file the counter and since the learned Single Judge has travelled beyond the scope of the writ petition, the impugned order cannot be sustained in the eye of law.
6. The impugned order, dated 27.07.2023, passed by learned Single Judge in W.P.No.20074 of 2023 is accordingly set aside. The matter is remitted to learned Single Judge to deal with the writ petition on merits afresh.
7. Accordingly, the Writ Appeal is allowed. There shall be no order as to costs.
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Miscellaneous applications, if any pending, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 15.11.2023 KL