(H.L. Dattu, C.J. and A.K. Sikri, J.)
K. Raghu Rama Krishna Raju & Ors. ____________ Appellant(s)
v.
The State of Andhra Pradesh, represented by Home Secretary, Andhra Pradesh, Sachivalayam, Hyderabad & Ors. ________ Respondent(s)
Civil Appeal No. 416 of 2015, decided on January 12, 2015
[(Arising out of SLP (C) No. 1199 of 2015 @ C.C. No. 245 of 2015]
The Order of the court was delivered by
Order
1. Application for permission to file special leave petition is allowed.
2. Leave granted.
3. This appeal is directed against the order passed by the High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh in Public Interest Litigation No. 320 of 2014, dated 29.12.2014.
4. The learned Judges of the High Court while disposing of the writ petition had made reference to an order said to have been passed by the Government of Andhra Pradesh. That Government Order is neither in the records nor produced before us by the Government Counsel even now. Therefore, in our opinion, the High Court was not correct in relying upon a Government Order which does not exist.
5. In that view of matter, we allow this civil appeal and set aside the order so passed by the High Court. The matter is remanded to the High Court to decide the writ petition afresh in accordance with law keeping in view the observations made by this Court in the case of Animal Welfare Board of India v. A. Nagaraja reported in JT 2014 (7) SC 1 after affording an opportunity of hearing to all the parties, including the Animal Welfare Board of India.
6. We may note that the status quo shall be maintained as of today, till the writ petition is decided by the Court one way or the other.
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