The Government Hospital For ... vs K Yadava Reddy
2023 Latest Caselaw 4052 Tel

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

   THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


               WRIT APPEAL No.1074 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


        Mr. N.Praveen Kumar, learned Government Pleader

for Health, Medical and Family Welfare for the appellant.

        Mr. Sridhar Lonkala, learned counsel for respondent

No.1.

2. With consent of the learned counsel for the

parties, the matter is heard finally.

3. This intra court appeal has been filed against

an order dated 27.07.2023 passed by the learned Single

Judge in W.P.No.20074 of 2023, by which writ petition

preferred by respondent No.1 has been allowed.

3. The writ petition was filed on 25.07.2023

seeking a direction to the respondents to decide the ::2::

representations submitted by respondent No.1 seeking

refund of the caution money.

4. Learned Single Judge, however, by an order

dated 27.07.2023, without giving an opportunity to the

appellant to file the counter, has travelled beyond the

scope of the writ petition and has directed refund of the

caution money.

5. The order passed by the learned Single Judge

has been passed without affording an opportunity to the

appellant to file the counter and since the learned Single

Judge has travelled beyond the scope of the writ petition,

the impugned order cannot be sustained in the eye of law.

6. The impugned order, dated 27.07.2023, passed

by learned Single Judge in W.P.No.20074 of 2023 is

accordingly set aside. The matter is remitted to learned

Single Judge to deal with the writ petition on merits afresh.

7. Accordingly, the Writ Appeal is allowed. There

shall be no order as to costs.

::3::

Miscellaneous applications, if any pending, shall

stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 15.11.2023 KL