Citation : 2025 Latest Caselaw 4815 Tel
Judgement Date : 15 April, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.395 of 2025
JUDGMENT:
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
Sri Thakur Vijayender Singh, learned counsel appearing for
Sri Pranav Thakar, learned counsel for the appellant and
Ms.T.Swetcha, learned Assistant Government Pleader for Revenue,
appearing for respondent Nos.1 to 3.
2. Heard on admission.
3. This intra-court appeal assails an interlocutory order passed
by the learned Single Judge in I.A.No.1 of 2024 in W.P.No.31753
of 2021 dated 21.02.2025.
4. Learned counsel for the appellant (respondent No.4 in the
writ petition) submits that I.A.No.1 of 2024 in W.P.No.31753 of
2021 was filed by the appellant seeking certain relief, but, after
interacting with the litigants, the learned Single Judge has passed
an order and has not taken care of the relief claimed by the
appellant.
5. On more than one occasion, a specific question was raised
by this Court whether against such an interlocutory order, the
writ appeal is maintainable and whether it can be entertained
after giving consent and pleading in paragraph No.8 of the writ
appeal as under:-
"That the appellant has received the amount before the court as he was not able to understand what is happening but subsequently realized that he had to live out of the house as such the appellant is ready to return the money from the day he is permitted to live in the said premises. The appellant humbly submits that because of his elderly aged he was not able to take immediate decision at that point of time."
(Emphasis supplied)
6. No answer is forthcoming from the learned counsel for the
appellant. If the appellant's prayer is still pending and has not
been decided by the learned Single Judge and if the appellant is
seeking review or modification of the order passed by the learned
Single Judge, after realizing/understanding it, the remedy is
before the same Bench.
7. This writ appeal cannot be entertained and accordingly,
disposed of by reserving liberty to the appellant to file an
appropriate application in the writ petition. It is made clear that
this Court has not expressed any opinion on the merits of the
case. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ SUJOY PAUL, ACJ
__________________________ RENUKA YARA, J 15.04.2025 sa/tsr
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
15.04.2025 sa/tsr
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