Karnati Venkat Reddy vs M/S Ncl Industries Limited A ...
2023 Latest Caselaw 3167 Tel

      HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT APPEAL No.992 of 2023

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

       Mr. S. Srinivasa Chary, learned counsel appears for the

appellant.

       Mr. Sivaraju Srinivas, learned counsel appears for

respondent No.1.


2.     With the consent of the parties, matter is heard finally.


3.     This intra court appeal is filed against an interim order

dated 01.03.2023 passed by the learned Single Judge by which

I.A.No.4 of 2022 preferred by the appellant seeking

impleadment in Writ Petition No.17233 of 2022 filed by

respondent No.1 has been dismissed.


4.     Facts

giving rise for filing of this appeal briefly stated

are that respondent No.1 had filed Writ Petition No.17233 of

2022 challenging the action of respondent Nos.2 to 5 in

causing inspection and conducting survey and in issuing the

demand notice dated 17.03.2022. The survey and inspection CJ & NVSK, J

was conducted on the basis of the complaint made by the

appellant. The appellant thereupon filed I.A.No.4 of 2022

seeking his impleadment as party respondent in Writ Petition

No.17233 of 2022 which has been rejected by the learned

Single Judge by the impugned order.

5. Learned counsel for the appellant has submitted that in

any case, the appellant is a proper party to the lis and needs to

be heard as the action against respondent No.1 has been

initiated on the basis of the complaint made by the appellant.

6. On the other hand, learned counsel for respondent No.1

has supported the impugned order passed by the learned Single

Judge.

7. In the facts and circumstances of the case, since the

action has been initiated against respondent No.1 on the basis

of the complaint made by the appellant, we direct that the

appellant shall be afforded an opportunity of hearing at the

time of hearing of the writ petition as an intervenor. The order

dated 01.03.2023 passed by the learned Single Judge in CJ & NVSK, J

I.A.No.4 of 2022 in Writ Petition No.17233 of 2022 is

therefore set aside.

8. Accordingly, the appeal is disposed of.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 13th OCTOBER, 2023.

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