The State Of Telangana And 4 Others vs Smt. Gurram Harika
2021 Latest Caselaw 3849 Tel

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



                 WRIT APPEAL No.618 of 2021


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




     The present writ appeal has been filed by the State

Government against the order dated 23.08.2021 passed

by the learned Single Judge in W.P.No.4506 of 2021.

     The facts of the case reveal that the writ petition

was preferred by the respondent herein being aggrieved

by the proceedings of the District Forest Officer and the

learned Single Judge has disposed of the writ petition

directing the third respondent therein to decide the

representation of the writ petitioner.

The learned Counsel appearing for the State

Government has vehemently argued before this Court

that in the case of the writ petitioner, an order was

passed, which is impugned in the writ petition and the

same has not been looked into by the learned Single

Judge at all. She has also stated that on account of the

order dated 11.11.2020, the writ petitioner was required

to pay Rs.1,01,62,300/- to the Government Treasury and

the writ petition ought to have been decided on merits.

She has argued that there is a remedy against the order

dated 11.11.2020 i.e., appeal before the appellate

authority.

In the considered opinion of this Court, as the

learned Single Judge has not dealt with the merits of the

case, the order passed by the learned Single Judge is

hereby set aside and the matter is remanded back to the

learned Single Judge to decide it afresh in accordance

with law. It is made clear that this Court has not

observed anything on merits and all grounds shall be

available to the writ petitioner as well as the respondents

in the writ petition. The parties shall appear before the

learned Single Judge on 21.12.2021.

Office is directed to list the writ petition before the

learned Single Judge on 21.12.2021.

The writ appeal is accordingly allowed. 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