Madapathi Veeresham vs The State Of Telangana And 5 Others

      HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                               AND

           HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

                        W.A.No.169 of 2021

JUDGMENT:(Per AKS,J)

      Aggrieved by the order dated 29-04-2021 passed in

W.P.No.10799 of 2021 by the learned Single Judge, this Writ

Appeal is filed.


      Learned counsel appearing for the appellant contended

that the learned Single Judge has dismissed the writ petition by

recording a finding that in the counter-affidavit filed by the

respondents, it was specifically mentioned that the respondents

have taken over the property by way of Panchanama on 19.4.2021, but, however, no counter-affidavit was served on the appellant. It is further contended that the order passed by the learned Single Judge is contrary to law and without giving any opportunity to the appellant to contest the matter. It is further contended that let the matter be remanded to the learned Single Judge and after giving an opportunity to the appellant and the respondents, let the learned Single Judge adjudicate the matter on merits and pass appropriate orders, in accordance with law.

Learned Standing Counsel appearing for respondents 2 and 3, in principle, has agreed that the matter may be remanded to the learned Single Judge and let the learned Single Judge adjudicate the case on merits, after giving an opportunity to the 2 appellant as well as respondents, and pass appropriate orders in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this Writ Appeal can be allowed by setting aside the order of the learned Single Judge dated 29.04.2021 passed in W.P.No.10799 of 2021 and the matter is remanded to the learned Single Judge to adjudicate the matter afresh by giving an opportunity to the appellant as well as respondents and pass appropriate orders, in accordance with law, within a reasonable period.

Accordingly, the Writ Appeal is allowed. Miscellaneous petitions, pending, if any shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI ___________________________ JUSTICE B.VIJAYSEN REDDY Date: 20.05.2021 rkk 3 HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.5991 of 2021 Date: 19.4.2021 rkk