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High Court for State of TelanganaWP/13275/2004dismissed no costs

Hanuman Khandsari Sugar Mills, v. Government Of Andhra Pradesh,

2016-02-24Dilip B. Bhosale,P Naveen Rao4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13275 OF 2004; WRIT APPEAL Nos.111 and 141 of DATED: 24.02.2016 WRIT PETITION No.13275 OF 2004 Between:

Hanuman Khandsari Sugar Mills and others ... Petitioners and Government of Andhra Pradesh and another ... Respondents

THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13275 of 2004; WRIT APPEAL Nos.111 and 141 of COMMON ORDER: (per the Hon'ble The Acting Chief Justice Dilip B. Bhosale) It is not in dispute that the challenge raised in Writ Petition No.13275 of 2004 and the challenge that was raised in Writ Petition No.20333 of 2001 is identical. The petitioners in Writ Petition No.20333 of 2001 and in Writ Petition No.13275 of 2004 as well as in Writ Petition bearing No.2879 of 2005, from which, Writ Appeals bearing No.111 and 141 of 2011 arise, have challenged the memo, dated 21.05.2001 issued by the concerned Government. Writ Petition No.20333 of 2001 was heard by the Division Bench and it was dismissed vide order dated 19.01.2016.

In view thereof, learned counsel for the petitioners in Writ Petition and the appellants in Writ Appeals submit that the Writ Petition as well as the Writ Appeals may be disposed of in terms of the order dated 19.01.2016. In other words, it is submitted that Writ Petition No.13275 of 2004 and Writ Appeal No.

and Writ Appeal No.141 of 2011 may be allowed in terms of the order dated 19.01.2016 passed in Writ Petition No.20333 of 2001.

The submissions made on behalf of the writ petitioner and the appellants are not in dispute. Learned counsel for the parties have agreed for disposal of these matters in terms of the order dated 19.01.2016. Since the question involved in all these matters is common and it has been addressed by this Court in Writ Petition No.20333 of 2001 vide order, dated 19.01.2016, we are passing the following order.

1) Writ Petition No.13275 of 2004 is dismissed in terms of the order dated 19.01.2016 passed in Writ Petition No.20333 of 2001.

2) Writ Appeal No.111 of 2011 is dismissed in view of the order dated 19.01.2016 passed in Writ Petition No.20333 of 2001.

3) Writ Appeal No.141 of 2011 is allowed and the order dated 11.11.2010 passed by the learned Single Judge in Writ Petition No.2879 of 2005 is set aside in view of the order dated 19.01.2016 passed in Writ Petition No.20333 of 2001.

Consequently, miscellaneous petitions, if any, also stand disposed of. No order as to costs.

________________________ DILIP B. BHOSALE, ACJ 24th FEBRUARY, 2016.

_________________ P. NAVEEN RAO, J kvni