THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
I.A.Nos.1 and 2 of 2021
in/and
W.A.No.530 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
I.A.No.2 of 2021 is an application filed for
condonation of delay in filing the appeal.
Learned counsel appearing for the respondents is fair
enough in stating before this court that he does not object the application for condonation of delay. Resultantly, the delay is condoned.
I.A.No.1 of 2021 is an application seeking leave to the appellants for filing the present appeal.
Learned counsel for the appellants has argued before this court that the land in question was purchased by the Forest Contractors Association and the subject writ petition was filed in respect of the said land without impleading the Forest Contractors Association and the learned Single Judge has passed an order directing the respondents herein to consider the representation submitted by the petitioner therein (respondent No.1 herein). On account of the aforesaid order, now pattadar pass book is being issued in favour of the respondent No.1. The learned counsel for the appellants has stated before this court that the appellants were very much necessary parties in the writ petition and they should have been heard in the matter.
Learned Government Advocate for Revenue has also argued before this court that without filing counter affidavit, the matter was decided. Otherwise, the State of Telangana would have certainly filed a detailed and exhaustive counter affidavit.
At this stage, the learned counsel for the respondent No.1 has stated that the State Government has conceded in the matter.
In the considered opinion of this court, as the appellants were necessary parties, in all fairness, the appellants should have been impleaded as the respondents before the learned Single Judge. The same was not done.
Therefore, the order passed by the learned Single Judge is set aside and the matter is remanded back to the learned Single Judge.
The present appellants shall be free to file an appropriate application for impleadment in the writ petition and the learned Single Judge is requested to decide the matter on merits, after granting an opportunity of hearing to the State as well as to the present appellants.
With the aforesaid direction, the interlocutory applications and the present writ appeal stand disposed of. The orders passed by the learned Single Judge are set aside and the learned Single Judge is requested to decide the matter, as expeditiously as possible, preferably, within a period of three months. Registry is directed to list the subject writ petition before the learned Single Judge on 25.10.2021.
The miscellaneous applications pending in this writ appeal, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 18.10.2021 vs