High Court for State of TelanganaWA/1064/2018ordered

The State Of Telangana v. Komati Reddy Venkat Reddy

2018-12-03Thottathil B.Radhakrishnan,S.V.Bhatt2 pages

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL Nos.1062 & 1064 OF 2018 Common Judgment : (Per The Hon'ble The Chief Justice Sri Thottathil B. Radhakrishnan) These Writ Appeals are against a final order in a Writ Petition.

2. Heard Sri S. Sharath, learned Special Government Pleader for the appellant and Sri Ravi Shankar Jandhyala, learned counsel for the respondents-writ petitioners.

3. The matter relates to the expulsion of two M.L.As., from the 14th House of the Telangana State Legislative Assembly. That House stands dissolved. Therefore, the issues raised in the Writ Petition and in these Writ Appeals do not further survive for consideration. Since the appeals are continuation of the Writ Petition all issues remain open for adjudication as of now. However, since they have become purely academic, we do not propose to adjudicate or decide all those issues. The Writ Appeals are, accordingly closed declaring that the impugned order does not continue to run in view of the dissolution of the House. We also order that all issues of law, as referred to in the impugned order and also in the proceedings in these Writ Appeals, also stand open, having particular regard to the submissions of both the sides that even after the impugned order was issued by the learned Single Judge, different High Courts have also spoken on such issues.

4. In the result, these Writ Appeals are closed as stated above, thereby, also vacating all interlocutory orders issued in these Writ Appeals. As a consequence, the stay of proceedings before the learned Single Judge in Contempt of Court jurisdiction also stands

vacated. It will now be open to the learned Single Judge to close the Contempt Case since nothing survives in these matters.

5. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Appeals shall also stand closed. No costs. _________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ________________ S.V. BHATT, J 3rd December, 2018.

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