Citation : 2025 Latest Caselaw 39 Tel
Judgement Date : 1 May, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.517 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri G. Veera Babu, learned counsel for the appellants;
Ms. Mani Deepika, learned Government Pleader for Women
Development and Child Welfare, for respondent Nos. 1 to 4 and
7; and Sri B. Narasimha Sharma, learned Additional Solicitor
General of India, for respondent No. 8.
2. With the consent, finally heard.
3. This Writ Appeal takes exception to the order dated
27.01.2025 passed by a learned Single Judge of this Court in
W.P. No. 37068 of 2024. The said order became subject matter
of review and the review was also decided by order dated
24.02.2025.
4. Learned counsel for the appellants submits that the
review Bench was informed that by a proceeding/order dated
19.02.2025, the appellants' request has been rejected, whereas
the said document No. CARM/186/24, dated 19.02.2025 shows
that it is not a rejection order. Instead, by this order, the
appellants were directed to wait for their turn. Thus, the learned
Single Judge has gone wrong in the review order, whereby she
gave liberty to challenge this order. Whereas, in the absence of
any rejection order, there is no occasion for the appellants to
challenge it. His last submission is that similar writ petitions
were pending consideration before the Writ Court and therefore,
the impugned order may be set aside and all those matters may
be directed to be heard analogously.
5. The prayer is opposed by Sri B. Narasimha Sharma,
learned Additional Solicitor General of India, appearing for
respondent No. 8, by contending that if the order dated
19.02.2025 is not treated as 'rejection order' by appellants, it
may be observed that whatever is mentioned in that order will
hold the field and it is the choice of the appellants to challenge it
or not. So far the second contention of appellants is concerned,
it is argued that during the pendency of writ petition, no
application or prayer was made for linking the writ petition with
any other connected pending matters.
6. We have heard the parties.
7. We find substance in the argument of learned Additional
Solicitor General of India that if the appellants intended for
analogous hearing with other similar matters, they should have
apprised the writ Court at appropriate stage and not after the
final decision of the matter. So far the appellants' contention
regarding order dated 19.02.2025 aforesaid is concerned, as
agreed, it is observed that the said order will be read as such
and whatever is mentioned therein will hold the field.
8. With the aforesaid observation, the Writ Appeal is
disposed of. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 01.05.2025 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: 01.05.2025
myk/tsr
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