THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
and
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
W.A.No.577 of 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Mr. B.Venkateswara Rao, learned counsel for the
appellant.
2. None for the respondents.
3. This intra court appeal has been filed against an order
dated 23.01.2009, by which the writ petition viz.,
W.P.No.26375 of 2008, preferred by respondents No.3
and 4/writ petitioners has been disposed of without notice to
the appellant, who was arrayed as respondent No.3 in the writ
petition.
4. Facts
giving rise to filing of this appeal briefly stated are that respondents No.3 and 4 filed the aforesaid writ petition in which inaction on the part of Tahsildar, Serilingampalli Mandal was assailed, for not conducting survey and fixing the ::2::
boundaries in respect of land admeasuring Ac.1.00 guntas bearing Survey No.176 situated at Kondapur Village, Serilingampalli Mandal, Ranga Reddy District. The appellant was arrayed as respondent No.3 in the writ petition. However, the learned Single Judge, by an order dated 23.01.2009, disposed of the writ petition without notice to the appellant. The learned Single Judge directed that in case respondents No.3 and 4/writ petitioners make a fresh application, the Tahsildar, Serilingampalli Mandal shall cause survey of the subject land and fix boundaries thereto.
5. Learned counsel for the appellant submits that respondents No.3 and 4 had filed a suit for perpetual injunction viz., O.S.No.887 of 2008 in respect of the land in question and therefore, they have no right to seek survey of the said land.
6. It is pertinent to note that a Division Bench of this Court, while entertaining the writ petition, had granted an interim order on 07.04.2009, staying the order ::3::
passed by the learned Single Judge. The aforesaid order is still operative.
7. The appellant has not been heard before the writ petition is disposed of. Therefore, the impugned order dated 23.01.2009, passed by the learned Single Judge in W.P.No.26375 of 2008, is set aside.
8. Learned Single Judge is requested to decide the matter afresh by affording an opportunity of hearing to the appellant and respondents No.3 and 4/writ petitioners.
9. Accordingly, the Writ Appeal is allowed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 23.09.2023 LUR