Smt.Sirikonda Vijaya vs Smt.Thukuntla Shyamala
2021 Latest Caselaw 3360 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                   WRIT APPEAL No.592 of 2021

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




     The present writ appeal is arising out of order dated

17.09.2021 passed in W.P.No.22408 of 2021 by the learned

Single Judge.


     The facts of the case reveal that a writ petition was

preferred by respondent No.1/writ petitioner under Article

226 of the Constitution of India for issuance of an appropriate

order or direction directing respondent No.4 - Tahsildar,

Medipalli Mandal, Jagityal District, therein not to conduct

de-novo enquiry in respect of land in Sy.No.246 situated at

Kondapur Village of Medipalli Mandal, Jagityal District.

The learned Single Judge has disposed of the writ

petition at motion hearing stage itself without issuing notice

to the respondents therein.

Learned counsel for the appellant has argued before this

Court that the appellant is the title owner of the property and

she was deliberately not impleaded as one of the respondents

in the writ petition. He has stated that a civil suit is also

pending i.e., O.S.No.99 of 2021 before the Junior Civil Judge,

Korutla, and the aforesaid facts are suppressed before the

learned Single Judge.

In the considered opinion of this Court, as the matter

has been decided at the motion hearing stage itself without

hearing the present appellant or the private respondents, the

order passed by the learned Single Judge is set aside. Liberty

is granted to the present appellant to file an appropriate

application for her impleadment in W.P.No.22408 of 2021 and

the learned Single Judge is requested to hear all the parties

and to decide the matter on merits. The parties shall appear

before the learned Single Judge on 06.12.2021.

Accordingly, the writ appeal is allowed.

Office is directed to list the writ petition before the

learned Single Judge on 06.12.2021.

Miscellaneous petitions, if any, pending in this writ

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

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

10.11.2021 ES