HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.992 of 2023
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. S. Srinivasa Chary, learned counsel appears for the
appellant.
Mr. Sivaraju Srinivas, learned counsel appears for
respondent No.1.
2. With the consent of the parties, matter is heard finally.
3. This intra court appeal is filed against an interim order
dated 01.03.2023 passed by the learned Single Judge by which
I.A.No.4 of 2022 preferred by the appellant seeking
impleadment in Writ Petition No.17233 of 2022 filed by
respondent No.1 has been dismissed.
4. Facts
giving rise for filing of this appeal briefly stated are that respondent No.1 had filed Writ Petition No.17233 of 2022 challenging the action of respondent Nos.2 to 5 in causing inspection and conducting survey and in issuing the demand notice dated 17.03.2022. The survey and inspection CJ & NVSK, J 2 W.A.No.992 of 2023 was conducted on the basis of the complaint made by the appellant. The appellant thereupon filed I.A.No.4 of 2022 seeking his impleadment as party respondent in Writ Petition No.17233 of 2022 which has been rejected by the learned Single Judge by the impugned order.
5. Learned counsel for the appellant has submitted that in any case, the appellant is a proper party to the lis and needs to be heard as the action against respondent No.1 has been initiated on the basis of the complaint made by the appellant.
6. On the other hand, learned counsel for respondent No.1 has supported the impugned order passed by the learned Single Judge.
7. In the facts and circumstances of the case, since the action has been initiated against respondent No.1 on the basis of the complaint made by the appellant, we direct that the appellant shall be afforded an opportunity of hearing at the time of hearing of the writ petition as an intervenor. The order dated 01.03.2023 passed by the learned Single Judge in CJ & NVSK, J 3 W.A.No.992 of 2023 I.A.No.4 of 2022 in Writ Petition No.17233 of 2022 is therefore set aside.
8. Accordingly, the appeal is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J 13th OCTOBER, 2023.
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