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Judgment
Arup Kumar Goswami, CJ
Heard Mr. Rama Rao Mavidi, learned Counsel for the appellant. Also heard Mr. Maheshwar Reddy, learned Government Pleader for Home and Mr. G.L. Nageswara Rao, learned Government Pleader for Revenue.
The submission of the learned Counsel for the appellant is that the finding of the learned single Judge that the writ petition is liable to be dismissed on the ground that the earlier writ petition was dismissed as withdrawn without granting liberty to file fresh writ petition, is not borne out of the record and therefore, the order to the extent of imposition of cost may be set aside. The learned Counsel for the appellant has drawn our attention to the order dated 15.09.2017 in W.P.No.30333 of 2017.
Primarily on the aforesaid ground, the writ petition, out of which the present appeal arises, was dismissed holding that the same is devoid of merits. Costs of Rs.5,000/- was also imposed as the same being a frivolous writ petition, presumably, on the ground that without liberty being granted in the earlier writ petition, recourse was taken by the writ petitioner again to file the present writ petition. The learned single Judge noted that no observation was made in the order passed in the earlier writ petition that the writ petitioner was granted liberty to file fresh writ petition. Finding to that effect as given by the learned single Judge is not correct as the order itself demonstrates.
Considering the above, the impugned order so far as it relates to imposition of costs upon the appellant is set aside.
This Writ Appeal is partly allowed to the extent indicated above. No costs. As a sequel, all the pending miscellaneous applications, if any, shall stand closed.