The Prl.Secy., Revenue Dept., ... vs M/S Tata Coffee Ltd.,
2023 Latest Caselaw 3709 Tel

      THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI
                       SENGUPTA
                           AND
          THE HON'BLE SRI JUSTICE SANJAY KUMAR

                     Writ Appeal No.109 of 2015

                            DATED:18.02.2015


Between:
The State of Telangana (previously mentioned as
Government of Andhra Pradesh),
Represented by its Principal Secretary,
Hyderabad and others.
                                                  ... Appellants
And

M/s. Tata Coffee Limited,
Karnataka.

                                                  ....Respondent

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR

Writ Appeal No.109 of 2015

Judgment: (per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta)

It appears, the impugned order has been passed against the non-existent party under the law as we notice

that in the cause title, the Government of Andhra Pradesh

was made a party.

Article 300 of the Constitution of India requires that the State of Andhra Pradesh, in this case, should have

been impleaded as party respondent. It appears from the

impugned order, direction has been given on the 1st

respondent intending to bind the State of Telangana. The State of Telangana was not made a party.

Hence, we set aside the impugned order passed by

the learned trial Judge on that ground. We restore the writ

petition to file with liberty to make an application for

change of cause title. This should be done within a period of seven days from the date of receipt of a copy of this

order, failing which, the writ petition will stand dismissed. We request the learned trial Judge, if any steps are taken

for amendment, to hear the matter within three months

from the date of effecting such amendment. All points are

kept open.

The writ appeal is accordingly allowed.

Consequently, the miscellaneous applications, if any

pending, shall also stand closed. No order as to costs.

__________________ K.J. SENGUPTA, CJ

_________________ SANJAY KUMAR, J 18th February, 2015

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