The Supreme Court has held that the writ petition and writ appeal cannot be decided by the same bench.
The bench of Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti has set aside a controversial judgment passed by the Division Bench of the Telangana High Court at Hyderabad. The case involves the Andhra Pradesh Grameena Vikas Bank (APGVB) as appellant against the Union of India and others, highlighting critical questions of judicial propriety and procedural correctness.
The dispute originated from a writ petition filed by two individuals, V. Yugandar and T. Praveen, challenging certain actions of the Andhra Pradesh Grameena Vikas Bank. However, the legal controversy took an unexpected turn when the Telangana High Court, without formal admission of the original writ petition, suo motu decided to hear it along with a writ appeal filed by APGVB. The High Court’s decision was handed down via a common judgment on 3rd October 2024.
During the hearing before the Supreme Court, the counsel for the appellant raised serious concerns over the propriety of the High Court’s actions. The primary arguments emphasized that the High Court had no jurisdiction to call for the original writ petition and decide it along with the writ appeal. Further, the Supreme Court noted that it was a fundamental breach of judicial norms for the same Bench to decide both the writ petition and the appeal arising from it.
Senior counsel for the respondents did not offer strong defenses but pleaded for protection of the respondents’ interests due to the time already elapsed in the case.
The Supreme Court found “grave irregularity” in the High Court’s impugned judgment and declared it impermissible in law. The apex court restored the writ petition to its original file and number, directing the parties to approach the Chief Justice of the Telangana High Court for reassignment to an appropriate Bench, in line with legal procedures.
Importantly, the Supreme Court clarified that its judgment was confined to procedural propriety, expressly refraining from commenting on the substantive merits of the writ petition.
Case Details
Case Title: Andhra Pradesh Grameena Vikas Bank Appellant Versus Union Of India And Others
Case No.: SLP(C) Nos.4366-4367 of 2025
Date: 03rd September, 2025
