Boya Chinna Muniswamy vs Pathapati Sriramulu
2021 Latest Caselaw 3907 AP

           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.460 of 2021
                             (Through Video-Conferencing)

Boya Chinna Muniswamy, S/o. Madanna, aged about 49 years,
Occ: Agriculturist, R/o. Anugonda village, Kodumuru Mandal,
Kurnool District                                                         ... Appellant
                                        Versus

Pathapati Sriramulu, S/o. Ramakrishna, aged 43 years,
R/o. Anugonda village, Kodumuru Mandal, Kurnool
District, and others                                                 ... Respondents

Counsel for the appellant                  :       Mr. C. Subodh

Counsel for respondent No.1                :       Mr. P. Narasimhulu

Counsel for respondent Nos.2 to 5          :       Mr. P. Subash, G.P. for Revenue

                                  ORAL JUDGMENT

                                    Dt: 04.10.2021

(Arup Kumar Goswami, CJ)

Heard Mr. C. Subodh, learned counsel for the appellant.

Also heard Mr. P. Narasimhulu, learned counsel for respondent No.1/writ

petitioner and Mr. P. Subash, learned Government Pleader for Revenue, appearing

for respondent Nos.2 to 5.

As admittedly, no notice was issued to respondent No.5 in the writ petition

(appellant herein), Mr. P. Narsimhulu, learned counsel for respondent No.1/writ

petitioner, submits that the order dated 14.06.2021 passed by the learned single

Judge in W.P.No.10256 of 2021, may be set aside and the matter may be remanded

to the learned single Judge for fresh consideration.

In view of the above submission, the order of the learned of the learned single

Judge is set aside and the matter is remanded to the learned single Judge for fresh

consideration.

Accordingly, the writ appeal is allowed. No order as to costs. Pending

miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J MRR