Full Judgment Text
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CASE NO.:
Appeal (civil) 1781 of 2008
PETITIONER:
N. Lakshmi & Anr.
RESPONDENT:
Govt. of A.P. & Ors.
DATE OF JUDGMENT: 04/03/2008
BENCH:
C.K. THAKKER & D.K. JAIN
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of SLP(C) No. 24715/2005)
WITH
Civil Appeal No.1782/2008 @ SLP(C)No.25201/2005
Civil Appeal No.1783/2008 @ SLP(C)No.25214/2005
Civil Appeal No.1784/2008 @ SLP(C)No.25229/2005
Civil Appeal No.1785/2008 @ SLP(C)No.25231/2005
Civil Appeal Nos.1786-87/2008 @ SLP(C)No.1414-1415/2006
Civil Appeal No.1788/2008 @ SLP(C)No.1669/2006
Civil Appeal No.1789/2008 @ SLP(C)No.8078/2006
Civil Appeal No.1794/2008 @ SLP(C)No.12219/2006
Civil Appeal No.1795/2008 @ SLP(C)No.16150/2006
Civil Appeal No.1790/2008 @ SLP(C)No.14946/2007
Civil Appeal No.1793/2008 @ SLP(C)No.21305/2007
Contempt P.No.101/2006 in SLP(C)No.3387/2006
Contempt P.No.102/2006
Contempt P.No.103/2006 in SLP(C)No.3390/2006
Contempt P.No.104/2006 in SLP(C)No.3388/2006
Leave granted.
We have heard learned counsel for the parties.
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In all these appeals, it is not in dispute by and between the parties that the Divis
ion
Bench of the High Court relying on earlier orders passed in other matters dismissed all
these matters and the said orders have been challenged by the appellants herein. It
was stated that even counter affidavits had not been filed in these matters. It was
stated by the learned counsel for the appellants appearing in these matters that several
other questions were also raised which were not the subject matter of earlier group and
were not agitated in those matters and were not answered one way or the other by the
Court raised in these matters. In all these matters, in our opinion, the abovesaid fact
also is not disputed by the learned counsel appearing for the contesting respondents.
In view of the aforesaid circumstances, in our opinion, ends of justice would be met if
we set aside the order passed by the High Court and remit the matters for fresh
disposal in accordance with law.
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Mr. P.P. Rao learned senior counsel appearing for contesting respondents contended
that when the Division Bench in the order impugned in the present appeals had not
observed anything with regard to other arguments,it should be presumed
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that no such argument had been advanced on behalf of the writ petitioners/appellants.
However, in view of the fact stated above, in our opinion, it would be advisable if the
matters are sent to the Division Bench for fresh disposal. The writ petitions/appeals
are, therefore, restored to file. It is, however, clarified that it is open to the parties t
o
raise all contentions available in law.
In view of the urgency of the nature and the type of litigation, it would be appropr
iate
if the High Court decides all the matters as expeditiously as possible. We would
request the High Court to decide them expeditiously. The contesting respondents will
file counter affidavit(s) within six weeks and rejoinder, if any, will be filed within a
period of two weeks thereafter. Status quo to continue till the disposal of matters by
the High Court.
It was stated by the learned counsel for the appellants in some appeals that the
appellants/petitioners intend to amend petition/appeal. It is open to them to request
the High Court and the High Court will pass an appropriate order.
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The civil appeals are disposed of. No costs.
The learned counsel for the petitioners in contempt petitions seeks permission to
withdraw the contempt petitions. Permission is granted. The contempt petitions are
dismissed as withdrawn without observing anything on the merits of the petitions.