Syed Moinuddin, v. Mohammed Ghouse,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No. 699 of 2018 Judgment: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the learned Single Judge in W.P. No. 13917 of 2018 dated 20.4.2018. The appellants herein are respondents 5 to 8 in the Writ Petition.

In the order under appeal, the learned Single Judge permitted the 1st respondent-writ petitioner to submit a representation with supporting documents to the Station House Officer, Palakaveedu Police Station, Suryapet; on such a representation being submitted, the Station House Officer was permitted to give an opportunity of hearing to the unofficial respondents; and he was directed to consider and dispose of the representation within one week from the date of receipt of such a representation.

No law, which confers any power on the Station House Officer to adjudicate the inter-se disputes between the appellants and the 1st respondent-writ petitioner, has been brought to our notice. It is wholly unnecessary for us to dwell on this issue any further, as it is not in dispute that the Writ Petition was disposed of at the stage of admission without putting the appellant-respondents 5 to 8 on notice, and without giving them an opportunity of being heard. On this short ground alone, the order under appeal must be, and is accordingly, set aside. The Writ Petition is restored to file. The appellants herein and the other contesting official respondents in the Writ Petition shall file their counter-affidavits within two weeks from today. It is open to the

learned counsel for the 1st respondent-writ petitioner to request the learned Single Judge to take up the Writ Petition for admission, and for grant of interim relief any day after two weeks from today. The Writ Appeal is disposed of accordingly. The miscellaneous petitions pending, if any, shall stand disposed of. No costs. _________________________________ (RAMESH RANGANATHAN, ACJ) _________________ (J. UMA DEVI, J) 4th June, 2018 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No.699 of 2018 Date: 4.6.2018 pnb