Karri Vishnumurthy v. Union Of India

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND THE HON'BLE SMT. JUSTICE T. RAJANI WRIT APPEAL No.1228 of 2018 Judgment: (per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) This Writ Appeal is against an interlocutory order, by which, the learned Single Judge has adjourned the consideration of the Writ Petition and application for interim relief.

2.

On 9.10.2013, the appropriate Department in the Government of India, has issued approval of competent authority for revision of assignment fee, ground rent and rate of minimum production of salt per acre. That is stayed in so far as the petitioner in W.P. No. 2369 of 2015 is concerned as per order dated 6.2.2015 on W.P.M.P. No. 3156 of 2015 (Ex.P3 in this paper book at page 64).

3.

The learned Single Judge has passed the order impugned in this Writ Petition on the fundamental premise that all similar matters could be dealt with in one go and bunching of cases has been ordered on 10.7.2018. It is shown that the Writ Petitions mentioned in the impugned order are yet to be listed.

4.

In the aforesaid view of the matter, the proper course to be adopted is to leave it to the learned Single Judge to forthwith take up W.P. No. 21081 of 2018, from which this Writ Appeal arises, along with W.P. No. 2369 of 2015 and the Writ Petitions which are referred to in the impugned order dated 10.7.2018.

5.

It is submitted by the learned counsel for the appellants that the period of the current lease is likely to end shortly. The 2013 decision of the Government of India is sought to be impeached sometime in 2018. That apart, the learned Assistant Solicitor General submits that there are

two classes of cases, which can be easily delineated and classified at the final hearing, having regard to the questions relatable to the continued efficacy of the earlier leases or permissions. 6.

In the aforesaid view of the matter, we decline to interfere with the impugned order. However, we request the learned Single Judge to sympathetically consider giving out of turn top priority for consideration and disposal of the Writ Petition from which this Writ Appeal arises along with those matters, which are referred to in the impugned order as well as W.P. No. 2369 of 2015. If the official respondents are interested to bring up any further matter to be tagged along with, that shall be done by placing requisite memos tomorrow itself. It is also clarified that merely because other similar matters may be pending in the High Court, that need not by itself be a reason for parties to seek further adjournment though it will be within the discretion of the learned Single Judge to bunch up such matters as well.

7.

This Writ Appeal is ordered accordingly directing that the Writ Petition from which this Writ Appeal arises to be listed before the learned Single Judge tomorrow, ie, 20.9.2018 itself.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_________________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ________________ T. RAJANI, J Date: 19th September, 2018 Note:

Furnish c.c. today.

b/o pnb