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High Court for State of TelanganaWA/1118/2016disposed of no costs

The Southern Power Distribution Company Limited v. M/S Kesava Medi Devices Private Limited.

2016-10-31Ramesh Ranganathan,A.Shankar Narayana2 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT APPEAL NOs.1088, 1109, 1118 OF 2016, WRIT PETITION NOs.3003, 3025 AND 2987 OF 2016 COMMON JUDGMENT: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} These appeals, under Clause 15 of the Letters Patent Act, are preferred against the orders passed by the learned Single Judge in WPMP.No.3810 of 2016 in WP.No.3003 of 2016, WPMP.No.3835 of 2016 in WP.No.3025 of 2016 and WPMP.No.3785 of 2016 in WP.No.2987 of 2016 dated 04.02.2016 respectively whereby, having regard to the order in WP.No.37713 of 2014 and batch dated 26.08.2015, the learned Single Judge directed the respondents not to collect the additional consumption deposit on condition that the petitioner pays 50% thereof. Against the order passed in WP.No.

37713 of 2014 and batch dated 26.08.2015, appeals were preferred in WA.No.968 of 2015 and batch; and, by order dated 19.05.2016, the Division Bench allowed the Writ Appeals setting aside the order passed in the Writ Petitions. The impugned interlocutory orders under appeal must therefore be, and are accordingly, set aside following the order of the Division Bench in WA.No.968 of 2015 and batch dated 19.05.2016.

Both Smt. Jagarlamudi Koteswari Devi, learned standing Counsel for appellant and Smt. Jyothi Eswar Gogineni, learned counsel for the respondents, would submit that, in view of the order now passed by us, no useful purpose would be served in keeping the Writ Petitions pending on the file of this Court; and the

Writ Petitions themselves could be disposed of in terms of the order passed in WA.No.968 of 2015 and batch dated 19.05.2016 leaving it open to the petitioners to question the said order of the Division Bench in appropriate legal proceedings.

In view of the submission now made, all the three Writ Petitions are disposed of in terms of the order passed by the Division Bench in WA.No.968 of 2015 and batch dated 19.05.2016. Needless to state that the order now passed by us would not preclude the respondents-writ petitioners from questioning the said order of the Division Bench in appropriate legal proceedings. The three Writ Appeals and the three Writ Petitions are disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. _________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A.SHANKAR NARAYANA, J) 31st October 2016 RRB