Byreddi Yellamma, vs Vempada Appalanarayana,
2021 Latest Caselaw 909 AP

      IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                  &
            HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

                  WRIT APPEAL No.710 of 2018

              (Taken up through video conferencing)

 Byreddi Yellamma W/o. late Bangari,
 Aged about 71 years, r/o. Byreddipalem,
 H/o. Kancheru, Boghapuram Mandal,
 Vizianagaram District and 3 others.              .. Appellants


        Versus

 Vempada Appalanarayana
 S/o. late Ramulu, aged about 57 yrs,
 r/o. Vempadapeta, H/o. Savaravalli village
 and post, Boghapuram Mandal,
 Vizianagaram District and 6 others.              .. Respondents

Counsel for the appellants : Mr. Venkateswara Rao Gudapati

Counsel for respondent No.1 : Mr. S.Subba Reddy

Counsel for respondent Nos. 2 to 4 : Mr. T.V.S.Kumar, learned G.P. for Land Acquisition.

ORAL JUDGMENT Dt: 17.02.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. Venkateswara Rao Gudapati, learned counsel for

the appellants, Mr. S.Subba Reddy, learned counsel for the

respondent No.1/writ petitioner, and Mr. T.V.S.Kumar, learned G.P.

for Land Acquisition for the respondent Nos.2 to 4.

2. In the present appeal itself it has been indicated that the

respondents 5 to 7 are not necessary parties.

                                   2                             HCJ & CPK,J
                                                         W.A.No.710 of 2018

3. This appeal is preferred against the order dated 12.08.2016

passed in W.P.No.26439 of 2016, whereby the learned single Judge

of this Court disposed of the Writ Petition directing the respondents

2 and 3 therein, not to pay compensation in respect of the land

mentioned in the writ petition till disposal of A.S.No.801 of 2013.

4. Mr. S.Subba Reddy, learned counsel for the respondent

No.1/writ petitioner, fairly submits that before passing the above

said order, no notice was issued to the appellants.

5. Since the order has been passed without notice to the

appellants, on this short ground alone, we set aside the order of the

learned single Judge and remand the matter back for fresh

consideration. Having regard to the fact that the writ petition was

filed way back in the year 2016, Registry will list the case before

the appropriate single Bench as per roster, on 17.03.2021.

6. Accordingly, the Writ Appeal stands disposed of. No costs.

Pending miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

GM