G. Narasimha Reddy vs Akarapu Raju
2021 Latest Caselaw 3209 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
         THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI


                  Writ Appeal No.585 of 2021


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present appeal is arising out of an order dated

08.09.2021 passed by the learned Single Judge in

W.P.No.21182 of 2021.


     The facts of the case reveal that the writ petition

was preferred by impleading the present appellant also as

a respondent and a prayer was made to carry out survey

and demarcation of land admeasuring Acs.8.20 guntas in

Survey No.27 of Sulthanpur Village, Pargi Mandal,

Vikarabad District. The learned Single Judge has

disposed of the writ petition directing the authorities

therein to carry out the survey.

Learned counsel for the appellant has argued before

this Court that prior to passing of the order by the

learned Single Judge, a survey was already carried out

and it is the subject matter of a civil suit in O.S.No.107 of

2018. He has stated that once the present appellant was

also having interest in the land, which is the subject

matter of the writ petition, he should have been heard

enabling him to produce all the documents and to argue

his case.

In the light of the aforesaid, as the impugned order

has been passed ex parte, to the extent of the present

appellant is concerned, it is hereby set aside and the

matter is remanded back to the learned Single Judge to

decide it afresh after hearing the present appellant. The

parties will appear before the learned Single Judge on

30.11.2021.

The writ appeal is accordingly disposed of. The

miscellaneous applications pending in this appeal, if any,

shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ P.MADHAVI DEVI, J 02.11.2021 vs