WA/2000/2013 of The South Central Railways, Vs M/s RSV.Constructions Private Limited on 31 December 2013

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR

W.A.Nos.2000, 2008, 2009, 2010 and 2024 of 2013

Date: 31.12.2013

W.A.No.2000 of 2013

Between:

The South Central Railways,represented by its General Manager,Rail Nilayam, Secunderabad and others

.....Appellants

AND

M/s RSV Constrictions Private Limitedrepresented by its Managing Partner,Atluri Radha Krishna, Hyderabad, and another.

...Respondents

W.A.No.2008 of 2013

Between:

The South Central Railways,represented by its General Manager,Rail Nilayam, Secunderabad and others

.....Appellants

AND

C.Suresh Reddy and Co.,represented by its Managing Partner,C.Sailaja and another

...Respondents

W.A.No.2009 of 2013

Between:The South Central Railways,

represented by its General Manager,Rail Nilayam, Secunderabad and others

.....Appellants

AND

M/s Kommidi Constructions,represented by its Proprietor,K.Malla Reddy and another

...Respondents

W.A.No.2010 of 2013

Between:

The South Central Railways,represented by its General Manager,Rail Nilayam, Secunderabad and others

.....Appellants

AND

D.Seshaiah and another

...Respondents

W.A.No.2024 of 2013

Between:

The South Central Railways,represented by its General Manager,Rail Nilayam, Secunderabad and others

.....Appellants

AND

C.Suresh Reddy and Co., and another

...Respondents

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE SANJAY KUMAR

W.A.Nos.2000, 2008, 2009, 2010 and 2024 of 2013

COMMON JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

All these matters are identical in nature and identical orders havebeen passed and therefore for convenience sake, we dispose of theseappeals by a common judgment and order.

It appears, the learned single Judge has disposed of the matterson concession made by the learned Counsel for the parties that thesubject matter of the writ petitions are covered by the judgment of theCourt in W.P.No.11269 of 2009 and batch dated 22.10.2009. Before us,the learned Counsel for the appellants says that those judgments are notapplicable in this case as in those writ petitions the appellants herein arenot parties. Whether it is applicable or not is question of fact. When aconcession was made before the learned single Judge on fact, it isdifficult for this Court to entertain the appeals. Therefore, it will be openfor the appellants to approach the learned single Judge by filingappropriate proceedings that the concession could not be made as thejudgments have no manner of application. When such proceedings arebrought, the same will be decided by the learned single Judge inaccordance with law.

Accordingly, all these writ appeals are dismissed, however, withliberty as aforesaid. Miscellaneous petitions pending, if any, shall alsostand closed. No order as to costs.

___________________

K.J. SENGUPTA, CJ

___________________

SANJAY KUMAR,

J

31.12.2013 Gsn