THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.978 of 2023
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Vadeendra Joshi, learned counsel appears for the
appellant.
Mr. S. Viplav Simha Reddy, learned counsel appears for
respondent Nos.1 to 4.
Mr. T. Srikanth Reddy, learned Government Pleader for Revenue appears for respondent Nos.5 to 9.
Mr. P. Sasidhar Reddy, learned counsel appears for respondent No.10.
2. With the consent of the parties, the matter is heard finally.
3. This intra court appeal has been filed against an order dated 27.06.2023 passed by the learned Single Judge by which W.P.No.7106 of 2023 preferred by respondent Nos.1 to 4 herein has been disposed of.
CJ & NVSK, J 2 W.A.No.978 of 2023
4. The sole contention urged on behalf of the appellant is that even though the appellant was arrayed as respondent No.7 in the Writ Petition, yet, notice has not been served on him nor the appellant has been heard before passing the impugned order.
5. From a perusal of the impugned order, we find that the learned Single Judge has directed the parties to maintain status quo in respect of the land measuring Ac.0.32 guntas in Survey No.251/1 situated at Malipuram Village, Thirumalagiri Mandal, Suryapet District, till the decision is taken by the Tahsildar, Thirumalagiri Mandal, Suryapet District, on the application/representation of respondent Nos.1 to 4. Such an order could not have been passed without affording an opportunity of hearing to the appellant.
6. For the aforementioned reason, the order dated 27.06.2023 passed by the learned Single Judge is hereby set aside and the matter is remanded to the learned Single Judge. The learned Single Judge is requested to ensure that the notice CJ & NVSK, J 3 W.A.No.978 of 2023 is served on all the respondents and thereafter, to deal with the matter in accordance with law.
7. Accordingly, the appeal is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J 6th OCTOBER, 2023.
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