THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
Writ Appeal No.585 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of an order dated
08.09.2021 passed by the learned Single Judge in
W.P.No.21182 of 2021.
The facts of the case reveal that the writ petition
was preferred by impleading the present appellant also as
a respondent and a prayer was made to carry out survey
and demarcation of land admeasuring Acs.8.20 guntas in Survey No.27 of Sulthanpur Village, Pargi Mandal, Vikarabad District. The learned Single Judge has disposed of the writ petition directing the authorities therein to carry out the survey.
Learned counsel for the appellant has argued before this Court that prior to passing of the order by the learned Single Judge, a survey was already carried out and it is the subject matter of a civil suit in O.S.No.107 of 2018. He has stated that once the present appellant was also having interest in the land, which is the subject matter of the writ petition, he should have been heard 2 enabling him to produce all the documents and to argue his case.
In the light of the aforesaid, as the impugned order has been passed ex parte, to the extent of the present appellant is concerned, it is hereby set aside and the matter is remanded back to the learned Single Judge to decide it afresh after hearing the present appellant. The parties will appear before the learned Single Judge on 30.11.2021.
The writ appeal is accordingly disposed of. The miscellaneous applications pending in this appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ P.MADHAVI DEVI, J 02.11.2021 vs