Citation : 2025 Latest Caselaw 265 Tel
Judgement Date : 3 July, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL Nos.663 & 674 of 2025
COMMON JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri V. Ravinder Rao, learned Senior Counsel represents
Sri Shaik Abdul Kalam Riyaz, learned counsel for the appellants in
W.A.No.663 of 2025 & Sri K. Ravinder Reddy, learned counsel for
the appellants in W.A.No.674 of 2025 and Ms. T. Swetcha, learned
Assistant Government Pleader for Revenue, for respondent Nos.1 to
5.
2. Regard being had to the similitude of the questions
involved, on the joint request of learned counsel for the parties,
these matters were heard analogously.
3. During the course of hearing, learned counsel for the
parties reached to a consensus. It is agreed that since the
appellants have raised the question of maintainability of the
appeal pending before respondent No.3 and as the said authority
has also passed an ex parte interim order, if the appellants file
objections regarding maintainability of the pending appeal
without filing any application for condonation of delay and also
file an application for vacation of ex parte interim order,
directions may be issued to respondent No.3 to decide the
question of maintainability of the pending appeal by hearing the
parties and by passing a reasoned and speaking order within a
stipulated time. It is also agreed that if any application for
vacation of stay is filed by the appellants, it may be directed to
be decided by hearing the parties within a stipulated time.
4. In view of consensus arrived at, these Writ Appeals are
disposed of by reserving liberty to the appellants to file
objections regarding maintainability of the pending appeal before
respondent No.3 by raising all possible points and also to file an
application for vacation of stay. In that event, it shall be the
duty of respondent No.3 to hear the parties on the question of
maintainability of the pending appeal and also on the application
for vacation of stay and pass a reasoned and speaking order
dealing with all the contentions raised by the parties. It is
expected that respondent No.3 shall decide the question of
maintainability of the pending appeal within 30 days from the
date of fling of such objections by the appellants. It is made
clear that this Court has not expressed any opinion on merits of
the cases. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 03.07.2025 Myk/tsr
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