THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.625 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
25.10.2021 passed by the learned Single Judge in W.P.No.26284 of
2021.
The undisputed facts of the case reveal that the writ petition
was preferred by Sri Musthyala Ashok Kumar impleading the
present appellant as respondent No.8 in the writ petition. The
matter relates to land dispute and the undisputed facts also reveal that there is another writ petition filed between the parties i.e., W.P.No.20193 of 2021 in which even an order of status quo was passed on 09.09.2021.
The grievance of the appellant is that the learned Single Judge decided the matter without issuing notice to him and without hearing him, and there is another writ petition pending between the same parties.
In the considered opinion of this court, as the present appellant has not been heard by the learned Single Judge and there is another writ petition pending between the parties i.e.,W.P.No.20193 of 2021, the impugned order passed by the learned Single Judge is set aside. Office is directed to list W.P.No.26284 of 2021 on 28.12.2021 before the learned Single Judge having roster, along with W.P.No.20193 of 2021, and the learned Single Judge is requested to hear both the matters together and to pass appropriate orders in accordance with law. 2
With the aforesaid, the writ appeal stands allowed. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 09.12.2021 JSU