Citation : 2021 Latest Caselaw 4310 Tel
Judgement Date : 13 December, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL Nos.312 and 319 of 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Regard being had to the controversy involved in the
aforesaid cases, they were heard together and are being
decided by a common judgment.
The facts of W.A.No.319 of 2020 are reproduced as
under:
The present writ appeal is arising out of an interim
order dated 04.12.2019 passed by the learned Single Judge in
W.P.No.22369 of 2019.
The undisputed facts of the case reveal that an order
was passed by the Revenue Divisional Officer on 13.06.2014
against which an appeal was preferred by the Telangana State
Wakf Board. The contention of the appellants is that the
appeal was decided. However, later on the order deciding the
appeal was removed from the file and now the appeal is still
pending for adjudication. The appellants also state that some
vigilance enquiry took place in the matter and in the vigilance
enquiry, it was noticed that the appeal was decided. But, the
fact remains that in the vigilance enquiry also the order
decided in the appeal was not brought on record. The learned
Single Judge declined to grant any interim order in the matter
2
and has rejected the two Interlocutory Applications preferred
in the writ petition.
In the considered opinion of this Court, the appeal is
still pending and there is no final order. The appeal has to be
decided on merits and therefore, this Court does not find
reason to interfere with the order passed by the learned
Single Judge. The appellate authority shall make all possible
endeavour to decide the appeal at an early date. The appeal
shall be decided on merits in accordance with law.
The writ appeals are accordingly dismissed. The
miscellaneous applications pending in these writ appeals, if
any, shall stand closed. There shall be no order as to costs.
___________________________
SATISH CHANDRA SHARMA, CJ
___________________________
N. TUKARAMJI, J
13.12.2021
vs
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