B.C. Lakshmi vs P. Shanthi & Others

Prasanna B. Varale, CJ

This intra Court appeal seeks to call in question a learned Single Judge’s order dated 27.06.2023 whereby private respondents W.P.No.24392/2023 (SC-ST) having been partly favoured the orders passed by the Assistant Commissioner and by the Deputy Commissioner, have been set at naught and the matter is remitted back to the portal of the Assistant Commissioner for fresh consideration.

Learned counsel for the appellant seeks to falter the impugned order on essentially on two grounds viz., the learned Single Judge ought to have allowed the impleading application so that his version as the stakeholder could have been considered while hearing the main matter. Secondly, there were already a settled fact matrix at the hands of the authorities that would have brought about the dismissal of the writ petition. Learned Additional Government Advocate appearing for the official respondents makes submission in justification of the impugned order.

Having heard the learned counsel for the parties and having perused the appeal papers, we decline indulgence in the matter inasmuch as what has been done by the learned Single Judge broadly accords with the requirement of justice of the case. In fact, matter has been remitted to the Assistant Commissioner for consideration afresh. At para 11 of the impugned order observations have been made favourable to the appellant as well so that he too can participate in the proceedings of remand. We need not in so many words to reiterate the same. Suffice it to state that the appellant shall be permitted to participate in the remand proceedings. All the contentions of the parties are kept open.

In the above circumstances and with the above observations, this appeal is disposed off. The appellant through his counsel is put to notice to appear before the Assistant Commissioner at the earliest with a copy of this order.

The Registry shall send a copy of this order by speed post to the respondent Nos.1 and 2 immediately.

No costs.