THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.579 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Hari Kishan Kudikala, learned counsel for
the appellant; Mr. Ashok Reddy Kanathala, learned counsel
for respondent No.1; and Mr. Parsa Ananth Nageswara
Rao, learned Government Pleader appearing for respondents No.2 to 5.
2. This intra-court appeal has been preferred against the order dated 15.06.2022 passed by the learned Single Judge disposing of W.P.No.22242 of 2022 filed by respondent No.1 as the writ petitioner.
3. Respondent No.1 had filed the writ petition seeking a direction to the Revenue Divisional Officer, Husnabad Division, to take action as per the direction of the District Collector, Siddipet, vide letter dated 03.02.2022. Learned Single Judge vide the order dated 15.06.2022 directed the 2 Revenue Divisional Officer as well as the Tahsildar to take immediate action pursuant to the letter dated 03.02.2022 of the District Collector after duly putting the other parties, including the appellant, on notice.
4. As per letter dated 03.02.2022, District Collector had forwarded the complaint filed by respondent No.1 along with annexures regarding land issue in Survey No.143 situated at Narsaipally Village to the Revenue Divisional Officer to enquire into the contents of the complaint and thereafter to take necessary action in the matter. Revenue Divisional Officer was directed to submit action taken report to the District Collector.
5. Learned counsel for the appellant submits that appellant being respondent No.5 in the writ petition, learned Single Judge ought to have issued notice to her before disposing of the writ petition. The writ petition was disposed of without issuing notice to respondent No.5 and consequently without hearing the said respondent. 3
6. Ordinarily before disposing of a writ petition, the parties are required to be put on notice and heard. However, when writ petitions are disposed of in a manner which does not affect the rights of the parties and whereby at the consequential stage the parties are put to notice and are heard, no exception can be taken to such a course of action. In the instant case, District Collector had forwarded the complaint of respondent No.1 to the Revenue Divisional Officer to cause enquiry into the land issue raised. Learned Single Judge has held that the Revenue Divisional Officer as well as the Tahsildar should take action on the aforesaid letter of the District Collector and in the process, to put the unofficial respondents including the appellant on notice.
7. We find from the paper book that already appellant has filed objections before the revenue authorities. In that view of the matter, we clarify that while carrying out the enquiry as directed by the District Collector, Revenue Divisional Officer shall look into all aspects of the matter and issue notice to the affected persons, including the 4 appellant, whereafter appropriate steps may be taken but only after affording reasonable opportunity of hearing to all concerned in accordance with law.
8. With the above modification of the order dated 15.06.2022 passed by the learned Single Judge in W.P.No.22242 of 2022, writ appeal is disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 08.09.2022 vs