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2019 Supreme(SC) 1668

A.M.SAPRE, R.SUBHASH REDDY
Andavarapu Apparao – Appellant
Versus
State Of Andhra Pradesh – Respondent


Advocates Appeared:
M. Rambabu, Adv., N. Eswara Rao, Adv., Prerna Singh, Adv., Guntur Prabhakar, Adv., Prasanth Mathur, Adv.

ORDER

1. Leave granted.

2. After having heard counsel for the parties and on perusal of the record of the case, we are inclined to set aside the impugned order passed by the High Court and remand the case to the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh for deciding I.A.No.1/2018 afresh on its merits.

3. From perusal of the record, we find that the High Court has not assigned any reason in support of rejection and hence the remand of the case is called for to the High Court and fresh consideration of I.A.No.1/2018 on its merits .

4. The appeal is accordingly allowed and the impugned order is set aside.

5. Let the matter be reconsidered afresh on merits including the issue as regards to the maintainability etc.

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