THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.905 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. D.Ranganatha Kumar, learned counsel for the
appellant.
Mr. M.Damodar Reddy, learned counsel for
respondent No.1.
Mr. Allam Ramesh, learned Government Pleader representing respondent Nos.2 to 6.
2. With consent of the parties, the matter is heard finally.
3. This intra court appeal takes an exception to order dated 12.03.2023 passed in W.P.No.38913 of 2022 by learned Single Judge of this Court, by which writ petition preferred by respondent No.1 has been allowed.
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4. Learned Single Judge has quashed the order dated 01.09.2022 passed by the Agency Divisional Officer- cum-Revenue Divisional Officer, Achampet, Nagarkurnool District on the ground that the same has been passed without affording any opportunity of hearing to respondent No.1.
5. Learned counsel for the appellant has raised a similar contention that after quashing the order, learned Single Judge ought to have remitted the matter to the Agency Divisional Officer-cum-Revenue Divisional Officer, Achampet, Nagarkurnool District.
6. The aforesaid submission has not been fairly opposed by learned counsel for respondent No.1.
7. In view of submissions made and taking into account the fact that after setting aside the order dated 01.09.2022, learned Single Judge ought to have remitted the matter to the Agency Divisional Officer-cum-Revenue Divisional Officer, Achampet, Nagarkurnool District to ::3::
proceed afresh after affording an opportunity of hearing to all the parties.
8. Therefore, the order dated 12.03.2023 passed in W.P.No.38913 of 2022 by learned Single Judge of this Court is modified and it is directed that the Agency Divisional Officer-cum-Revenue Divisional Officer, Achampet, Nagarkurnool District shall decide the matter afresh after giving an opportunity of hearing to the appellant and the respondents as well as all other necessary parties within a period of four (04) months from the date of appearance of the parties. Needless to state that it will be open for the parties to raise all such contentions which are available to them in law.
9. To the aforesaid extent, the order dated 12.03.2023 passed in W.P.No.38913 of 2022 by learned Single Judge of this Court is modified.
10. Accordingly, the Writ Appeal is disposed of. There shall be no order as to costs.
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As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 15.09.2023 KL