Rapolu Nagarjuna Reddy And 2 ... vs The State Of Telangana And 4 Others
2022 Latest Caselaw 366 Tel

   THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                        WRIT APPEAL No.550 OF 2021

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

        The present writ appeal is arising out of the order dated

16.08.2021 passed by the learned Single Judge in W.P.No.18488 of

2021.

        In spite of service of notice, there is no appearance on behalf

of writ petitioners/respondent Nos.4 and 5 in the present writ

appeal.

The facts of the case reveal that the writ

petitioners/respondent Nos.4 and 5 in the present writ appeal have

preferred a writ petition stating that they are in peaceful

possession of patta land, admeasuring Ac.0-04.50 guntas in

Survey No.9 and Ac.0.30 guntas in Survey No.31 situated at

Cheeryal Village, Keesara Mandal, Medchal Malkajgiri District and

without following due process of law, respondent Nos.2 and 3 are

interfering with their peaceful possession of the subject land.

The learned Single Judge has passed the following order:-

"Aggrieved of the action of respondents in interfering with the peaceful possession of petitioners over their patta land, the present writ petition is filed.

2. Heard both sides.

3. With the consent of both the parties, without going into merits, this writ petition is disposed of directing the respondents not to interfere with the possession of petitioners over their patta land, without following due process of law. No order as to costs."

The present writ appeal has been filed by the appellants

stating that they are the owners of the land in question, a lay out

was sanctioned in their favour in the name and style of "NSR

Brindavanam" and the writ petitioners/respondents 4 and 5 in the

present writ appeal are in fact the persons who are interfering with

their possession.

In the considered opinion of this Court, the present

appellants are necessary parties to the litigation and therefore, the

impugned order passed by the learned Single Judge is hereby set

aside. The appellants are granted liberty to file appropriate

impleadment application in W.P.No.18488 of 2021 and the learned

Single Judge is requested to decide the matter afresh on merits

after hearing all the parties. Office is directed to list W.P.No.18488

of 2021 before the learned Single Judge on 26.04.2022.

Resultantly, the writ appeal stands allowed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

01.02.2022 JSU