Hindustan Cables Ltd., v. Raghupathi Reddy,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SMT JUSTICE K.VIJAYA LAKSHMI WRIT APPEAL No.1492 of 2017 Date:10.10.2017 Between:

Hindustan Cables Ltd., (Govt of India Undertaking), reptd by its Chairman & Managing Director and another.

..... Appellants And:

Raghupathi Reddy, S/o Sanjeeva Reddy and 14 others.

.....Respondents Counsel for the appellants: Mr. B.Shiva Kumar Counsel for the respondents: Mr. A.Bhaskarachary The Court made the following:

CVNR, J & KVL, J WA.No.1492 of 2017 Dated:10.10.2017 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Appeal is filed against order, dated 30.12.2016, in Writ Petition No.46452 of 2016.

A perusal of the aforesaid order shows that the same was passed based on the consensus reached between the learned counsel for both parties.

Mr. B.Shiva Kumar, learned counsel for the appellants, submitted that order, dated 30.11.2016, in Writ Petition No.27450 of 2003, which was the basis for passing the order under appeal, was subsequently reviewed.

In our opinion, when an order was passed based on the consensus reached between the learned counsel for both the parties, such an order cannot be questioned in an appeal. However, in view of the submission advanced by the learned counsel for the appellants, viz., that order, dated 30.11.2016, in Writ Petition No.27450 of 2003 which constituted the basis for the learned single Judge for disposing of Writ Petition No.46452 of 2016, was subsequently reviewed, the appellants are entitled to file a Review before the learned single Judge. Subject to the liberty given to the appellants as above, the Writ Appeal is dismissed.

CVNR, J & KVL, J WA.No.1492 of 2017 Dated:10.10.2017 As a sequel, WAMP.No.2770 of 2017 stands dismissed as infructuous.

___________________________ JUSTICE C.V.NAGARJUNA REDDY _______________________ JUSTICE K.VIJAYA LAKSHMI 10th October 2017 DR