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High Court for State of TelanganaWA/1093/2017closed no costs

Smt. P.V. Nagamani v. The State Of Telangana

2017-08-07Ramesh Ranganathan,J. Uma Devi4 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No. 1093 of 2017 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.M.P. No. 31627 of 2017 in W.P. No. 2486 of 2017 dated 1.8.2017. The appellant filed the said writ petition wherein they requested this Court to direct the venue of the enquiry to be shifted, from Karimnagar to Hyderabad or Ranga Reddy District, for smooth conduct of the enquiry. The 5th respondent in the writ petition is said to have hurled abuses against the Judiciary, and to have instructed the appellants to contact the learned Government Pleader for Home in resolving the matter early.

While these allegations, if true, are extremely disturbing, the fact remains that the substantive writ petition is still pending before the learned Single Judge who, in the order under appeal, has directed the respondents not to obstruct the appellants-writ petitioners from participating in the enquiry scheduled to be held on 5.8.2017. While posting the matter after two weeks, the Learned Single Judge had directed the Principal District Judge, Karimnagar to file his report as to what transpired on 29.7.2017.

On the ground that they were not permitted to appear before the Principal District Judge on 29.7.2017, and apprehending that they would not be permitted to depose before the learned Principal District Judge on 5.8.2017, the petitioners in W.P.No.2486 of 2017 have preferred this appeal.

Sri A. Satya Prasad, learned Senior Counsel appearing on behalf of the appellants, would submit that the appellants were permitted to

depose before the Principal District Judge, but they were cross examined by the counsel for the 5th respondent, which was impermissible.

We had entertained the writ appeal on 4.8.2017 as the appellants apprehended that they would not be permitted to depose before the Principal District Judge on the next day ie, on 5.8.2017. As the appellants now admit that they were permitted to depose, and as the next date of enquiry is scheduled to be held on 19.8.2017, and any relief which they may seek can always be sought in the writ petition pending before the learned Single Judge, the writ appeal is closed leaving it open to the appellants to do so. Miscellaneous Petitions pending, if any, shall also stand closed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _________________ (J. UMA DEVI, J) 7th August, 2017 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Appeal No. 1093 of 2017 Date: 07.08.2017 pnb