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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.

                               :2:

       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  

                               :3: 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.   

                               :4:

       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.