Andhra Pradesh High Court - Amravati
Karuturi Veera Raghavulu vs Duggirala Srinivasa Rao on 3 February, 2023
1
THE HON'BLE SRI JUSTICE A.V. SESHA SAI
&
THE HON'BLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
W.A. No. 196 OF 2023
JUDGMENT:(per A.V. Sesha Sai, J)
Heard Sri Venkateswara Rao Gudapati, learned
counsel for the writ-appellant-5th respondent in the Writ
Petition, Sri Bolla Venkata Rama Rao, learned counsel for
the writ petitioner-1st respondent and learned Government
Pleader for Revenue for the official respondents, apart from
perusing the material on record.
The challenge in the present Writ Appeal, preferred
under Clause 15 of the Letters Patent is to the order dated
01.12.2022 passed by the learned Single Judge in
W.P.No.37413 of 2022. The 1st respondent herein, by
invoking the provisions of Article 226 of the Constitution of
India, instituted the aforesaid Writ Petition, assailing the
action of the official respondents herein for making red
colour markings in the Adangal and 1B ROR in respect of
the subject lands. The learned Single Judge vide the order
impugned in the present Writ Appeal, allowed the Writ
Petition as prayed for.
According to the learned counsel for the appellant,
the order passed by the learned Single Judge is erroneous,
contrary to law and violative of principles of natural justice.
In elaboration, it is further contended by the learned
counsel that the impugned order came to be passed
without issuing any notice to the writ appellant and in view
of the same, the ground realities could not be brought to
the notice of the learned Single Judge and had the same
been brought to the notice of the learned Single Judge, the
order impugned in the present Writ Appeal would not have
emanated. It is further submitted by the learned counsel
that the appellant herein also filed W.P.No.34476 of 2022
on 20.10.2022 for a direction to the official respondents to
keep the subject properties in the prohibitory register and
in the said Writ Petition, notices were ordered to all the
respondents therein, including the first respondent herein
on 21.10.2022 and the appearance was also made on
17.11.2022 in the said Writ Petition on behalf of the 1st
respondent herein.
Per contra Sri Bolla Venkata Rama Rao, learned
counsel for the 1st respondent-writ petitioner strongly
resisting the Writ Appeal, contends that the order passed
by the learned Single Judge does not warrant any
interference of this Court under Clause 15 of the Letters
Patent on the ground of violation of principles of natural
justice as the earlier Writ Petition bearing No.34476 of
2022 filed by the writ appellant herein had become
infructuous in view of the subsequent developments, which
were impugned in the present Writ Petition.
In the above background, now the issue that emerges
for consideration of this Court in the present Writ Appeal
is:
"Whether the order passed by the leaned Single
Judge is sustainable and tenable, and whether the
same warrants any interference of this Court
under Clause 15 of the Letters Patent?"
There is absolutely no dispute with regard to the
reality that anterior to the filing of the present Writ Petition
by the 1st respondent herein, the appellant instituted
W.P.No.34476 of 2022 on 20.10.2022 and the receipt of
notice ordered in the said Writ Petition is also not in
dispute and it is also significant to note that in
W.P.No.34476 of 2022, Vakalath was filed on behalf of the
1st respondent herein in the said Writ Petition on
17.11.2022 and on which date, the present W.P.No.37413
of 2022 also came to be instituted.
In W.P.No.37413 of 2022, the appellant herein was
correctly arrayed as respondent No.5. As mentioned supra,
the contention of the learned counsel for the appellant is
that had the pendency of W.P.No.34476 of 2022 been
brought to the notice of the learned Single Judge, the
present order would not have emanated. The fact remains
that the pendency of W.P.No.34476 of 2022 was obviously
not brought to the notice of the learned Single Judge.
Therefore, this Court finds sufficient force in the
submission of the learned counsel for the appellant that
the present Writ Petition should have been heard along
with W.P.No.34476 of 2022.
For the aforesaid reasons, the Writ Appeal is allowed,
setting aside the order dated 01.12.2022 passed by the
learned Single Judge in W.P.No.37413 of 2022 and
consequently, the matter is remanded for fresh disposal.
The Writ Petition No.37413 of 2022 shall be posted for
admission next week along W.P.No.34476 of 2022. No
order as to costs.
Miscellaneous petitions, if any, pending in this case,
shall stand closed.
__________________
A.V. SESHA SAI, J
________________________________________________
VENUTHURUMALLI GOPALA KRISHNA RAO, J
Date: 03.02.2023
Ks
THE HON'BLE SRI JUSTICE A.V. SESHA SAI
&
THE HON'BLE SRI JUSTICE VENUTHURUMALLI GOPALA
KRISHNA RAO
W.A. No. 196 OF 2023
(per A.V. Sesha Sai, J)
Date:03.02.2023
Ks
