Mandadi Rama Chandra Reddy vs V.Alivelamma
2025 Latest Caselaw 5094 Tel

Telangana High Court

Mandadi Rama Chandra Reddy vs V.Alivelamma on 25 April, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                            AND
           THE HON'BLE SMT. JUSTICE RENUKA YARA

                     WRIT APPEAL No.458 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):

Sri T. Srikanth Reddy, learned counsel for the appellant;

Sri R. Gopi Mohan, learned counsel for respondent No.1 and

Sri Mahesh Raje, learned Government Pleader for Home

Department, for respondent Nos.2 to 4.

2. With the consent, finally heard.

3. During the course of hearing, learned counsel for the

parties fairly submitted that the present appellant/respondent

No.4 before the writ Court was although impleaded by treating

him to be a necessary party, the learned Single Judge, without

hearing him, passed the impugned order dated 19.03.2025.

4. Learned counsel for the appellant submits that

paragraph No.6 of the impugned order shows that the

consequence flowing from the direction of learned Single Judge

may fall on the present appellant. In the fitness of things, the

appellant should have been put to notice and only after hearing

him, order could have been passed.

5. Learned counsel for respondent No.1/writ petitioner did

not dispute that the impugned order has been passed without

putting the appellant to notice.

6. We find substance in the grievance of the present

appellant that he was impleaded as a party to the writ petition

but without putting him to notice, the impugned order has been

passed which may have adverse consequences against him. In

this backdrop and in order to ensure that justice is not only to

be done but it also appears to be done, we deem it proper to set

aside the impugned order.

7. Accordingly, the impugned order dated 19.03.2025 is set

aside. W.P.No.8005 of 2025 is restored to its original number.

Registry shall list the matter before the learned Single judge on

10.06.2025. The appellant may appear on the said date before

the learned Single Judge and defend himself for which, no

separate notice will be required to be issued as this order itself

shall be treated to be a notice. On such appearance, the learned

Single Judge is requested to hear all the parties and decide the

writ petition afresh in accordance with law.

8. With aforesaid and without expressing any view on

merits of the case, this Writ Appeal is disposed of. No costs.

Interlocutory applications, if any pending, shall also

stand closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 25.04.2025 Myk/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)

Date: 25.04.2025

myk/tsr