Deshaboina Veerababu And 4 Others vs Chilukuri Praveena And 148 Others
2022 Latest Caselaw 263 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

W.A.No. 34 of 2022

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

The present Appeal is filed against interim order dated 07.01.2022

passed by a learned Single Judge in I.A.No.2 of 2022 in W.P.No.488 of

2022.

2. The contention of the appellants is that they are necessary parties to

the writ petition and their interest is adversely affected on account of the

impugned order passed by the learned Single Judge.

3. Mr. S.Rahul Reddy, learned counsel for the petitioners, states before

this Court that liberty may be granted to the appellants to file an implead

application in the Writ Petition.

4. In the considered opinion of this Court, in case the appellants are

necessary parties, the proper course of action is to file an application for

impleadment as well as an application for vacating stay in the writ petition

enabling the learned Single Judge to hear the present appellants also and to

pass appropriate orders in accordance with law.

5. Resultantly, the Writ Appeal stands disposed of with liberty to the

appellants to file an application for impleadment as well as an application

for vacating stay in the writ petition.

6. In case such applications are preferred, learned Single Judge is

requested to hear the present appellants and to pass appropriate orders in

the implead application and the vacate stay application on merits. It is

needless to mention that this Court has not observed anything on merits

and the parties shall be at liberty to raise all their contentions before the

learned Single Judge.

7. Office is directed to list W.P.No. 488 of 2022 before the learned

Single Judge on 07.02.2022.

As a sequel, Miscellaneous Petitions, pending if any, stand disposed

of.

________________________________ SATISH CHANDRA SHARMA, CJ

________________________________ ABHINAND KUMAR SHAVILI, J

Date: 25.01.2022 LUR