Telangana State Power Generation Corporation Ltd. And Another v. S.Achaiah

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No. 869 OF 2019 27.11.2019 Between:

Telangana State Power Generation Corporation Limited and another ... Appellants and S. Achaiah

...Respondent

Counsel for the appellant : Mr. G. Vidya Sagar, Senior Counsel for Smt. K. Udaya Sri Counsel for the respondents:

The Court made the following:

JUDGMENT: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellants have challenged the legality of the order dated 01.11.2019, passed by a learned Single Judge, in I.A.No.1 of 2019 in W.P.No.23937 of 2019.

The learned Single Judge has passed the following impugned order:- "Earlier the order dated 23-1-2006 passed in I.D.No.95 of 2004 was challenged by the petitioners in W.P.No.9779 of 2007 and no interim order was granted in the said writ petition. Aggrieved thereby, the petitioners filed W.A.No.599 of 2009 and the said writ appeal was disposed of on 3-6-2009 directing that the writ petition be disposed of expeditiously. The petitioners are challenging only consequential order i.e., E.P.No.2 of 2017 dated 29-8-2019. When the petitioners are unsuccessful in getting stay of the order dated 23-1-2006 passed in I.D.No.95 of 2004, the question of stalling consequential proceedings does not arise. Hence, the interim suspension, as sought for by the petitioners, is rejected.

Accordingly, the application is dismissed."

Mr. G. Vidya Sagar, the learned Senior Counsel appearing for the appellants, has vehemently contended that despite the pendency of W.P.No.9779 of 2007, for the last twelve years, the case has not been decided so far. Therefore, the impugned order deserves to be set aside. However, a bare perusal of the impugned order clearly reveals that the learned Single Judge has given a cogent reason for dismissing the I.A filed by the appellants-petitioners.

Therefore, notwithstanding the argument raised by the learned Senior Counsel, this Court does not find any merit in the present writ appeal; it is hereby dismissed. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall stand closed. _____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 27th November, 2019 JSU

High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No. 869 OF 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 27.11.2019 JSU