Nayani Venkat Reddy vs Smt. Vedam Vinoda
2021 Latest Caselaw 3837 Tel

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



                  WRIT APPEAL No.883 of 2019


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


      The present writ appeal is arising out of the order

dated 22.08.2019 passed by the learned Single Judge in

W.P.No.18138 of 2019.

      The facts of the case reveal that a writ petition was

preferred earlier by the same writ petitioner and another

i.e., W.P.No.3309 of 2013 challenging the proceedings of

the   Revenue      Divisional        Officer,       Jangaon,         Warangal

District, dated 19.04.2008. This Court rejected the plea

of the writ petitioners therein to set aside the proceedings

of the Revenue Divisional Officer, however, directed the

Tahsildar to conduct a fresh enquiry by following due

procedure.

      The contention of the appellants is that the

Tahsildar did conduct a fresh enquiry and passed a final

order on 06.02.2014 and suppressing this fact, the

subsequent writ petition was preferred i.e., W.P.No.18138

of 2019. It has been stated that the learned Single Judge

has not commented upon the order dated 06.02.2014 as

it was not brought to the notice of the Court.
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     In the light of the aforesaid, the learned counsel for

the parties have fairly stated before this Court that the

matter be remanded back to the learned Single Judge to

decide it afresh keeping in view the subsequent order

passed in the year 2014.

     Resultantly, the writ appeal is allowed and the

impugned order is set aside. The parties are directed to

appear before the learned Single judge on 20.12.2021. It

is needless to mention that this Court has not expressed

any opinion on the merits and all grounds shall be

available to the parties.   The appellants shall also be

impleaded as the respondents in the writ petition.

Office is directed to list W.P.No.18138 of 2019

before the learned Single Judge on 20.12.2021.

The miscellaneous applications pending in this writ

appeal, if any, shall stand closed. There shall be no

order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 29.11.2021 vs