THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.684 of 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Ms. Divya Adepu, learned counsel for the appellant.
Mr. Srinivas Polavarapu, learned counsel for
respondent No.3.
2. This intra court appeal has been filed against an order dated 24.04.2009 passed in W.P.No.7119 of 2009 by learned Single Judge, by which writ petition preferred by respondent No.3 has been allowed.
3. For the sake of convenience, the parties shall be referred to in this order as per their ranking before the learned Single Judge.
4. The Tahsildar, Medchal-Malkajgiri Mandal, Ranga Reddy District, by an order dated 03.12.2008 directed deletion of name of the petitioner and three others ::2::
from the revenue records in respect of land measuring Ac. 5.00 in Survey No.534 of Kishtapur Village, Hamlet of Medchal-Malkajgiri Village and Mandal. The petitioner challenged the validity of the aforesaid order in a writ petition namely W.P.No.7119 of 2009 on the ground that no notice was issued to him before passing the impugned order.
5. Learned Single Judge by an order dated 24.04.2009 has set aside the order dated 03.12.2008 passed by the Tahsildar and has directed that the Tahsildar shall issue notice to the petitioner and other affected parties and thereafter pass a fresh order on the representation made by respondent No.3.
6. Being aggrieved, appellant/respondent No.3 has filed this intra court appeal inter alia on the ground that even though she was arrayed as respondent No.3, yet no notice of the petitioner was issued to her. It is therefore submitted that impugned order dated 24.04.2009 be set aside.
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7. We have considered the submission made by learned counsel for the appellant and have perused the record.
8. Admittedly, the appellant was arrayed as respondent No.3 in the writ petition. The learned Single Judge has set aside the order dated 03.12.2008 on the ground that the same has been passed without affording any opportunity of hearing to the petitioner. The learned Single Judge has not expressed any opinion on merits of the claim of the parties, but has directed the Tahsildar to issue a fresh notice to the petitioner and other affected parties and thereafter to deal with the matter. Till now, a Division Bench of this Court had entertained the writ petition by an order dated 30.04.2009 and had directed the parties to maintain status quo.
9. The order dated 24.04.2009 passed by the learned Single Judge is innocuous in nature.
10. Needless to state that before passing an order, the appellant as well as respondent No.3 shall be heard ::4::
and thereafter suitable orders shall be passed by the Tahsildar, Medchal Mandal, Ranga Reddy District, in accordance with law within an outer limit of four (04) months from today.
11. To the aforesaid extent, the order dated 24.04.2009 passed in W.P.No.7119 of 2009 by learned Single Judge is modified.
12. Accordingly, the Writ Appeal is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 26.09.2023 KL