Supreme Court - Daily Orders
S.Srinivasa Rao vs The State Of Telangana on 18 March, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Krishna Murari
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2021
(Arising out of SLP(C) No. 16101 of 2020)
S. SRINIVASA RAO Appellant(s)
VERSUS
THE STATE OF TELANGANA & ORS. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 17.08.2020 passed by the High Court of Telangana, Hyderabad in W.P. No. 30687 of 2010, whereby the High Court disposed of the Writ Petition filed by the appellant with certain observations.
Heard appellant-in-person and learned counsel appearing for the respondent.
For the nature of order that we propose to pass, it is not necessary to advert to the factual matrix of the case.
Suffice it to observe that on the earlier occasion when the appellant filed Transfer Petition before this Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2021.03.22 17:43:15 IST Court for transfer of his Writ Petition to Delhi High Reason:
Court, in our order dated 14.02.2020 in Transfer Petition 2 (C) No. 2167 of 2019, it was clearly noted that there are four other cases pending before the High Court which ought to be heard alongwith present Writ Petition No. 30687 of 2010 involving similar points for consideration.
We had further observed that the question of segregating one case from the group of cases does not arise. Despite this, the High Court vide impugned judgment and order proceeded to dispose of the petition filed by the appellant. Hence, we deem it appropriate to set aside the impugned judgment and order and parties are relegated before the High Court so that all the four other pending cases before the High Court can be heard analogously alongwith present remanded writ petition.
The High Court may consider the grievance of the appellant on its own merits and in accordance with law.
It will be open to the appellant to place on record subsequent developments regarding the representation made by the appellant in light of the liberty given to him vide order dated 14.02.2020 by this Court.
All contentions in that regard may also be raised before the High Court, which be considered appropriately by the High Court.
The appellant may request the High Court to hear the 3 matter in virtual mode as he is presently residing in Delhi and has been advised not to travel due to pandemic situation.
Learned counsel appearing for the State, in all fairness, submits that the order will be communicated to the Government pleader appearing before the High Court, representing the State who will make request on behalf of the appellant for allowing him to join virtually for hearing.
The remanded matter be taken up for issuing appropriate directions by the High Court on 06.04.2021.
We request the High Court to expeditiously dispose of all the cases together, preferably within three months from 06.04.2021.
The Civil Appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
......................J. (A.M. KHANWILKAR) ......................J. (DINESH MAHESHWARI) ......................J. (KRISHNA MURARI) New Delhi March 18, 2021 4 ITEM NO.3 Court 5 (Video Conferencing) SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 16101/2020 (Arising out of impugned final judgment and order dated 17-08-2020 in WP No. 30687/2010 passed by the High Court For The State Of Telangana At Hyderabad) S.SRINIVASA RAO Petitioner(s) VERSUS THE STATE OF TELANGANA & ORS. Respondent(s) (IA No.137051/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.137054/2020-INTERVENTION/IMPLEADMENT and IA No.137053/2020-DELETING THE NAME OF PETITIONER/RESPONDENT and IA No.137050/2020-PERMISSION TO APPEAR AND ARGUE IN PERSON and IA No.137052/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 18-03-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Petitioner-in-person For Respondent(s) Mr. P. Venkat Reddy, Adv.
Mr. Prashant Tyagi, Adv.
Mr. P. Srinivas Reddy, Adv.
M/S. Venkat Palwai Law Associates, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Civil Appeal is disposed of in terms of the signed order. Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file] 5