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High Court for State of TelanganaWA/587/2019dismissed no costs

Banoth Ramesh And Another v. The State Of Telangana And 5 Others

2019-07-17Raghvendra Singh Chauhan,Shameem Akther3 pages

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT APPEAL NO.587 of 2019 17.07.2019 Between:

Banoth Ramesh and another ...Appellants and The State of Telangana and others

...Respondents

Counsel for the appellants: Ms. T. V. Sridevi Counsel for the respondents: Mr. P. Sripathi Rao, GP for Land Acquisition The Court made the following:

HCJ&Dr.SA,J W.A.No.587 of 2019 ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellants are aggrieved by the order dated 01.05.2019 passed by a learned Single Judge in I.A.No.1 of 2019 in I.A.No.1 of 2018 in W.P.No.5909 of 2018.

Ms. T. V. Sridevi, the learned counsel for the appellants, submits that despite the fact that her colleague was seeking an adjournment on the said day, no adjournment was given by the learned Single Judge. Moreover, the impugned order has been passed by the learned Single Judge after Courts hours. If that is the position, the appellants should have filed a review petition before the learned Single Judge. In catena of cases, the Hon'ble Supreme Court has clearly observed that any statement made, which is not reflected in the impugned order, can be decided only by the Court, which passes the order. Thus, the only remedy available to the litigant in such a scenario is to file a review petition before the concerned Court. Therefore the appellants are directed to file a review petition before the learned Single Judge, if necessary.

With these observations, the Writ Appeal stands disposed of. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed.

_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________ DR. SHAMEEM AKTHER, J 17th July, 2019 JSU

HCJ&Dr.SA,J W.A.No.587 of 2019 High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT APPEAL NO.587 of 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 17.07.2019 JSU