CA 2493/2023

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No 2493 of 2023 (Arising out of SLP (C) No 1961 of 2023)

Telangana State Southern Power Distribution Appellants Company Limited and Others

Versus

Janakirama Co-owners and Another Respondents

O R D E R

• 1 Leave granted.
• 2 The appeal arises from a judgment of a Division Bench of the High Court for the State of Telangana dated 1 August 2022 in Writ Appeal No 112 of 2018.
• 3 The Single Judge, by a judgment dated 4 July 2017, allowed a writ petition instituted by the respondent and set aside a final order of assessment dated 23 October 2012. The respondent, who is the original petitioner, was held to be entitled to the benefit of GO Ms No 11 of 2005 dated 21 March 2005 for

the period covered by the governmental orders. Certain consequential directions were issued.

4 In appeal, the entire judgment of the Division Bench is devoted to setting out the issues which arose before the Single Judge and extracting from the judgment of the Single Judge. After extracting from the judgment of the Single Judge, in paragraph 7 of the impugned judgment, the Division Bench has paraphrased what is held by the Single Judge. Thereafter, in paragraph 9, the Division Bench has held as follows:

"On thorough consideration of all aspects of the matter, we do not find any error or infirmity with the view taken by the learned Single Judge. No case for interference is made out."

• 5 Ex facie, there has been no independent application of mind either to law or to the facts by the Division Bench. A writ appeal is a full appeal on facts and law. Hence, the Division Bench ought to have addressed itself to the grounds and contentions which were urged in support of the appeal. Absent such a consideration, we allow the appeal and set aside the impugned and order of the Division Bench dated 1 August 2022. Writ Appeal No 112 of 2018 shall stand restored to the file of the Division Bench of the High Court for disposal afresh.
• 6 The appeal is accordingly disposed of.

7 Pending applications, if any, stand disposed of.

….....…...….......…………………..CJI. [Dr Dhananjaya Y Chandrachud]

..…....…........……………….…........J. [J B Pardiwala]

New Delhi; April 6, 2023 CKB

4

ITEM NO.33 COURT NO.1 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.1961/2023

(Arising out of impugned final judgment and order dated 01-08-2022 in WA No.112/2018 passed by the High Court for The State of Telangana at Hyderabad)

TELANGANA STATE SOUTHERN POWER DISTRIBUTION Petitioner(s) COMPANY LIMITED & ORS.

VERSUS

JANAKIRAMA CO-OWNERS & ANR. Respondent(s)

(With IA No.5650/2023-CONDONATION OF DELAY IN FILING)

Date : 06-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s) Mr. V. Giri, Sr. Adv. Mr. D. Abhinav Rao, AOR Mr. Rahul Jajoo, Adv. Ms. Prerna Robin, Adv. Ms. Ankita Gupta, Adv. For Respondent(s) Mr. Sunil Fernandes, Adv. Ms. Nupur Kumar, AOR Mr. M. Thangathurai, Adv. Mr. Divyansh Tiwari, Adv. Ms. Diksha Dadu, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1 The appeal is disposed of in terms of the signed order.
• 2 Pending applications, if any, stand disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar (Signed order is placed on the file)