Citation : 2023 Latest Caselaw 3952 AP
Judgement Date : 31 August, 2023
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
&
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
Writ Appeal Nos.812 & 408 of 2023
COMMON JUDGMENT:(per Sri Justice D.V.S.S.Somayajulu)
Heard learned counsel for the respective parties.
2. The essential grievance expressed by the appellants is
that they were not given an opportunity of filing a counter
and bringing all the facts to the notice of the learned single
Judge.
3. Sri K. Sreedhara Murthy, learned counsel points out
that the writ petition was allowed on the ground that the
respondents did not issue any notice to the writ
petitioners. He has filed a sample of notice dated
01.08.2021 which is addressed to an employee. It is his
contention that similar notices were addressed to the
petitioners also.
4. Sri P.Nagendra Reddy, learned counsel agrees that
the matter was disposed at a stage of admission.
5. In this view of the matter, since the issues raised,
demand a clear and comprehensive adjudication, this Court is of the opinion that writ appeals should be allowed
and matter should be remanded to the learned Single
Judge. The appellants are directed to positively file their
counters along with all the relevant documents and argue
the matter on its own merits.
6. Nothing is expressed on the merits of the matter,
both the writ appeals are allowed. The case is remanded
back to the learned Single Judge with a request to dispose
the same within a period of three months from the date of
receipt of a copy of this order. There shall be no order as to
costs.
As a sequel, pending miscellaneous petitions, if any,
shall stand closed.
_______________________________ JUSTICE D.V.S.S.SOMAYAJULU
_______________________________________ JUSTICE DUPPALA VENKATA RAMANA Date: 31.08.2023.
AG
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
Writ Appeal Nos. 812 & 408 of 2023
Dated: 31.08.2023 AG
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