The State Of Telangana, vs Vijay Chander Dhar,
2022 Latest Caselaw 1064 Tel

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

                      WRIT APPEAL No.116 OF 2015

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

        The present writ appeal filed by the State of Telangana is

arising out of the order dated 11.09.2014 passed by the learned

Single Judge in W.P.No.10054 of 2012.

        Learned counsel appearing for the State of Telangana, at

the outset, has argued before this Court that the State of

Telangana was not a party to the writ petition, however while

delivering the judgment by the learned Single Judge in

paragraph 25, the State has been impleaded suo motu as

respondent No.4 in the writ petition and the order has been

passed directing payment of compensation against the State

also. Learned counsel has stated that there were serious

disputed questions of facts, which could have been answered by

the State Government by filing a detailed and exhaustive reply.

However, as the State Government was impleaded only at the

time of delivering the judgment, the State never got an

opportunity to file reply in the matter.

The aforesaid fact has not been denied by the learned

counsel appearing for the respondents/writ petitioners.

In the light of the aforesaid and keeping in view paragraph

25 of the judgment, the judgment delivered by the learned

Single Judge is hereby set aside. The matter is remanded back

to the learned Single Judge enabling the State Government,

which has been impleaded suo motu by the learned Single Judge

as respondent No.4 in the writ petition while delivering the

judgment, to file a counter affidavit in the matter. As the writ

petition is an old writ petition of the year 2012, Office is directed

to list the writ petition before the learned Single judge having

roster on 21.03.2022.

With the aforesaid, the writ appeal stands allowed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

07.03.2022 JSU