THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
C.M.A. No. 88 of 2021
JUDGMENT:
This Appeal is filed against the order dated 03.11.2020 passed by the learned V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar dismissing A.R.O.P.No.343 of 2019.
Heard Sri M.V.S.Suresh Kumar, learned Senior Counsel for the appellant.
There is no dispute that arguments were heard in the above said O.P. and reserved the matter for passing orders by the learned Judge, Sri S.Venkateswara Prasad. Thereafter, the matter was listed for pronouncement of orders on 16.10.2019, on which date, the matter was adjourned to 05.11.2019, 19.11.2019, 04.12.2019, 23.01.2020, 27.01.2020, 10.02.2020, 12.03.2020 and 19.03.2020. A perusal of the docket order dated 05.10.2020 discloses that learned counsel for the petitioner therein reported on phone that no reply arguments on behalf of the petitioner and in view of filing of written arguments by both the parties, orders were reserved. However, the afore-stated docket proceedings do not disclose when the learned counsel for both the parties had argued before the Court. It is strange to hear that the Court is informed through phone that no reply arguments on behalf of the petitioner.
Sri J.Prabhakar, learned counsel for the respondents, fairly submits that neither of the counsel had argued before the present 2 Presiding Officer, who was only in-charge. He further submits that the Presiding Officer has presumed that no further arguments are required to be heard in view of written arguments filed by both the learned counsel. He also submits that both the learned counsel may be given liberty to argue the matter before the Court, and thereby, prays for setting aside the order under Appeal.
Considering the fact that the learned V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar, Sri G.Raja Gopal, had given a definite opinion with respect to the merits of the matter basing on the written arguments, without hearing the learned counsel, the learned Principal District Judge, Ranga Reddy is directed to transfer A.R.O.P.No.343 of 2019 to the other learned Judge to hear and dispose of the same, within a period of eight (8) weeks from the date of receipt of a copy of this Order.
Accordingly, the Appeal is allowed and the order under Appeal is set aside.
Miscellaneous petitions, if any pending shall stand disposed of. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J Dt:22.02.2021 kdl