M.Vijaya Kumar vs Gundlapally Sreenu
2022 Latest Caselaw 817 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                 AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



              WRIT APPEAL No.74 of 2022

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 02.02.2022 passed by the learned Single Judge

in W.P.No.5342 of 2022 (Dr.Gundlapally Sreenu v. The

State of Telangana and others).

     The facts of the case reveal that the writ petition

was preferred by one Dr.Gundlapally Sreenu stating

that he has been allotted a fish stall and there is some

unauthorised fish stall next to his stall and without

impleading the person who is allegedly having the

unauthorised fish stall, the said writ petition was

preferred. The learned Single Judge has directed the

authorities to take immediate action and also to

ensure    that       no       such         illegal,       unauthorised

constructions are raised in the locality.
                             2




     Learned counsel for the appellant has argued

before this Court that the appellant is the person who

is, in fact, getting affected in the matter and in all

fairness, he should have been impleaded as the

respondent in the writ petition.

In the considered opinion of this Court, as the

appellant is the affected person and he will be thrown

out from the place, which he is occupying, in all

fairness, he should have been impleaded as the

respondent in the writ petition.

Resultantly, the order passed by the learned

Single Judge is set aside. The appellant is permitted to

file an application for impleadment in the writ petition

and the learned Single Judge is requested to hear the

appellant also while passing a final order afresh in the

matter.

Office is directed to list the writ petition before

the learned Single Judge on 02.03.2022 and as the

order passed by the learned Single Judge is set aside,

the parties shall appear before the learned Single

Judge on the said date.

The writ appeal is accordingly allowed.

The miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

21.02.2022 vs