Bellarapu Rajanna And 3 Others vs Chilukuri Mallaiah And 2 Others
2021 Latest Caselaw 2900 Tel

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


                     I.A.Nos.1 and 2 of 2021
                              in/and
                       W.A.No.530 of 2021


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


     I.A.No.2   of    2021       is     an      application           filed     for

condonation of delay in filing the appeal.


     Learned counsel appearing for the respondents is fair

enough in stating before this court that he does not object

the application for condonation of delay. Resultantly, the

delay is condoned.

I.A.No.1 of 2021 is an application seeking leave to the

appellants for filing the present appeal.

Learned counsel for the appellants has argued before

this court that the land in question was purchased by the

Forest Contractors Association and the subject writ petition

was filed in respect of the said land without impleading the

Forest Contractors Association and the learned Single

Judge has passed an order directing the respondents

herein to consider the representation submitted by the

petitioner therein (respondent No.1 herein). On account of

the aforesaid order, now pattadar pass book is being issued

in favour of the respondent No.1. The learned counsel for the appellants has stated before this court that the

appellants were very much necessary parties in the writ

petition and they should have been heard in the matter.

Learned Government Advocate for Revenue has also

argued before this court that without filing counter

affidavit, the matter was decided. Otherwise, the State of

Telangana would have certainly filed a detailed and

exhaustive counter affidavit.

At this stage, the learned counsel for the respondent

No.1 has stated that the State Government has conceded in

the matter.

In the considered opinion of this court, as the

appellants were necessary parties, in all fairness, the

appellants should have been impleaded as the respondents

before the learned Single Judge. The same was not done.

Therefore, the order passed by the learned Single

Judge is set aside and the matter is remanded back to the

learned Single Judge.

The present appellants shall be free to file an

appropriate application for impleadment in the writ petition

and the learned Single Judge is requested to decide the

matter on merits, after granting an opportunity of hearing

to the State as well as to the present appellants.

With the aforesaid direction, the interlocutory

applications and the present writ appeal stand disposed of.

The orders passed by the learned Single Judge are set aside

and the learned Single Judge is requested to decide the

matter, as expeditiously as possible, preferably, within a

period of three months. Registry is directed to list the

subject writ petition before the learned Single Judge on

25.10.2021.

The miscellaneous applications pending in this writ

appeal, if any, shall stand closed.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 18.10.2021 vs