Telangana High Court
WA/1673/2014 of R. Mallikarjuna Rao, Vs Nepalli Netha Prasad, on 30 December 2014
THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1673 of 2014 DATE: 30.12.2014 Between: R. Mallikarjuna Rao, Krishna District. … Appellants And Napalli Netha Prasad, Krisna District and others … Respondents This
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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMARWRIT APPEAL No.1673 of 2014DATE: 30.12.2014Between:R. Mallikarjuna Rao,Krishna District.… AppellantsAndNapalli Netha Prasad,Krisna District and others… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1673 of 2014
Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
After hearing the learned counsel for the parties, we admit theappeal and allow the same only on one ground that the impugnedorder has been passed in the Writ Petition, which is not lawfullyinstituted against a necessary party.
Government of Andhra Pradesh is not a sui juris, as the State ofAndhra Pradesh is necessary party, as per Article 300 of theConstitution of India read with Section 79 of the Code of CivilProcedure.
We permit the respondents-writ petitioners to apply foramendment of the cause title within fortnight from the date ofproduction of this order. It is also open for the writ petitioners to applyafresh for interim relief after the amendment is carried out.
Pending miscellaneous applications, if any, shall also standclosed. No order as to costs.
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K.J. SENGUPTA, CJ
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SANJAY KUMAR, J