THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.630 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Sreenivasa Rao Velivela, learned counsel for the
appellants.
Mr. M.S.Chandresh, learned counsel for respondent
No.1.
Mr. T.Srikanth Reddy, learned Government Pleader for Revenue for respondent Nos.2 to 4.
2. With consent of the learned counsel for the parties, the Writ Appeal is heard finally.
3. This intra court appeal has been filed against an order dated 10.04.2023 passed by the learned Single Judge in W.P.No.9526 of 2023, by which writ petition preferred by respondent No.1 has been disposed of with the direction to Tahasildar, Moinabad Mandal, Ranga Reddy District.
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4. Learned counsel for the appellants submits that respondent No.1 has not disclosed the survey number and the appellants are the owners and in possession of the land in question.
5. We have considered the submission made by learned counsel for the appellants and have also heard learned counsel for respondent No.1.
6. From the perusal of the impugned order, it appears that respondent No.1 has not disclosed the survey number of the land in question. If in the application also, respondent No.1 has not disclosed the survey number of the land in question, the Tahasildar, Moinabad Mandal, Ranga Reddy District shall advert to the aforesaid aspect of the matter before ordering survey and in any case, the appellants shall be heard before any order is passed on the application submitted by respondent No.1. Needless to state that the application shall be decided by an order by assigning reasons.
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7. To the aforesaid extent, the order passed by learned Single Judge is modified.
8. Accordingly, the Writ Appeal is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 18.11.2023 KL