THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.592 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
17.09.2021 passed in W.P.No.22408 of 2021 by the learned
Single Judge.
The facts of the case reveal that a writ petition was
preferred by respondent No.1/writ petitioner under Article
226 of the Constitution of India for issuance of an appropriate order or direction directing respondent No.4 - Tahsildar, Medipalli Mandal, Jagityal District, therein not to conduct de-novo enquiry in respect of land in Sy.No.246 situated at Kondapur Village of Medipalli Mandal, Jagityal District.
The learned Single Judge has disposed of the writ petition at motion hearing stage itself without issuing notice to the respondents therein.
Learned counsel for the appellant has argued before this Court that the appellant is the title owner of the property and she was deliberately not impleaded as one of the respondents in the writ petition. He has stated that a civil suit is also pending i.e., O.S.No.99 of 2021 before the Junior Civil Judge, Korutla, and the aforesaid facts are suppressed before the learned Single Judge.
2
In the considered opinion of this Court, as the matter has been decided at the motion hearing stage itself without hearing the present appellant or the private respondents, the order passed by the learned Single Judge is set aside. Liberty is granted to the present appellant to file an appropriate application for her impleadment in W.P.No.22408 of 2021 and the learned Single Judge is requested to hear all the parties and to decide the matter on merits. The parties shall appear before the learned Single Judge on 06.12.2021.
Accordingly, the writ appeal is allowed. Office is directed to list the writ petition before the learned Single Judge on 06.12.2021.
Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 10.11.2021 ES