Citation : 2025 Latest Caselaw 979 Tel
Judgement Date : 9 January, 2025
THE HONOURABLE SRI JUSTICE SUJOY PAUL
AND
THE HON'BLE Dr. JUSTICE G. RADHA RANI
WRIT APPEAL Nos.420 & 510 of 2021
COMMON JUDGMENT (per Hon'ble SP,J)
Sri G. Madhusudhan Reddy, learned counsel for the
appellants in W.A.No.420 of 2021, Sri S. Rahul Reddy, learned
Special Government Pleader attached to the office of the learned
Additional Advocate General, for the respondent(s) in W.A.No.420 of
2021 and for the appellants in W.A.No.510 of 2021 and
Sri M. Ramgopal Rao, learned counsel for respondent in
W.A.No.510 of 2021.
2. Regard being had to the similitude of the questions
involved, on the joint request of learned counsel for the parties,
matters were finally heard.
3. During the course of hearing, learned counsel for the
parties reached to a consensus. It is agreed that in W.P.No.4164 of
2019, while filing counter, respondent No.1 in paragraph Nos.10
and 12 placed heavy reliance on memo dated 14.05.2010, to bolster
the submission that the said memo was never considered in the
previous round of litigation and in the light of said memo, the
appellants claim is barred by limitation. Since this point has not
been considered, it is agreed that impugned orders in both the
appeals may be set aside and the matter may be restored in the file
of the Writ Court by giving liberty to the parties to file relevant legal
provisions etc. The Writ Court may be requested to decide the
matter afresh after hearing the parties.
4. In view of consensus arrived at, the impugned order dated
12.08.2021 in W.A.No.420 of 2021 is set aside and the common
order dated 01.07.2021 in W.A.No.510 of 2021 is set aside to the
extent of W.P.No.4164 of 2019. Liberty as prayed for is given to the
parties to file relevant legal provisions before the Writ Court. The
Writ Court is requested to re-hear the parties and decide the
matters expeditiously, preferably within sixty days from today. The
parties are at liberty to raise all possible grounds.
5. Accordingly, the Writ Appeals are disposed of without
expressing any opinion on the merits of the cases. No costs.
Interlocutory applications, if any pending, shall also stand
closed.
________________ SUJOY PAUL, J
_______________________ Dr. G. RADHARANI, J
Date: 09.01.2025 Myk/Tsr
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