Andhra Pradesh High Court - Amravati
Vajjalakunta Tank vs K.Ranga Rao on 8 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.405 of 2020
(Taken up through video conferencing)
Vajjalakunta Tank, Bodavada Mandagunta
Parchuru Mandal, Prakasam District,
Andhra Pradesh rep., by its Single Trustee
K. Venkata Krishna Rohini Kumar,
S/o K. Danavendra Rao, Hindu, aged 34 years.
.. Appellant.
Versus
K. Ranga Rao, S/o K. Shivaiah,
Hindu, aged 72 years, Occ: Agriculture,
R/o Bodavada Mandagunta (V)
Parchuru Mandal, Prakasam District, AP
and others.
..Respondents.
Counsel for the Appellant : Mr. Ambati Sudhakara Rao
Counsel for respondent Nos.1 to 8 : Mr. D.V. Sasidhar
Counsel for respondent Nos.9 & 10 : GP for Endowments
ORAL JUDGMENT
Dt: 08.07.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. Ambati Sudhakara Rao, learned counsel for the
appellant. Also heard Mr. D.V. Sasidhar, learned counsel for respondent
Nos.1 to 8/writ petitioners and Ms. P. Rajani, learned Government Pleader
for Endowments appearing for respondent Nos.9 and 10.
2. This appeal is directed against an order dated 25.08.2020 passed
by the learned single Judge in W.P.No.14374 of 2020 allowing the writ
petition.
2 HCJ & NJS,J
W.A.No.405 of 2020
3. The grievance expressed in this appeal is that no opportunity was
granted to the appellant to contest the case. The writ petition was filed on
18.08.2020 and on 25.08.2020, it came to be disposed of.
4. It is also submitted by Mr. Ambati Sudhakara Rao, learned counsel
for the appellant, that though he appeared on screen on that day, he was
not heard and the same is evident from paragraph No.2 of the order
under challenge wherein it was recorded that only the learned
Government Pleader appearing for respondent Nos.1 and 2 was heard.
5. The fact of filing of writ petition on 18.08.2020 and disposal of the
same on 25.08.2020 is not disputed by Mr. D.V. Sasidhar, learned counsel
for the writ petitioners. In that circumstance, we are of the considered
opinion that opportunity was not afforded to the appellant to contest the
case on merits.
6. That being the position, the impugned order is set aside and
quashed and the matter is remanded back to the learned single Judge for
fresh consideration.
7. It is submitted by Mr. D.V. Sasidhar that interim order was granted
in the writ petition pending disposal of the same and if an order of status
quo is not passed in respect of Ac.4.54 cents of land situated in
Sy.No.316/2 of Bodavada Mandagunta Village, paruchur Mandal,
Prakasam District, the writ petitioners may be dispossessed.
8. In that view of the matter, it is directed that status quo shall be
maintained in respect of Ac.4.54 cents of land in Sy.No.316/2 of Bodavada
Mandagunta Villae, Parchur Mandal, till the writ petition is taken up by the
learned single Judge. Thereafter, the learned single Judge will pass
necessary order as may be considered appropriate.
3 HCJ & NJS,J
W.A.No.405 of 2020
9. Registry will list the writ petition before appropriate single Bench
having roster on 27.07.2021.
10. Accordingly, the Writ Appeal is disposed of. No costs. Pending
miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
Nn
4 HCJ & NJS,J
W.A.No.405 of 2020
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.405 of 2020
(per Arup Kumar Goswami, CJ)
Dt: 08.07.2021
Nn
