Bathula Ashok Reddy And Other vs Bandla Venkata Rao And 5 Others
2022 Latest Caselaw 877 Tel

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


                       WRIT APPEAL No.586 of 2019

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



      The appellants before this Court has filed the present writ

appeal stating that a writ petition was preferred by respondent Nos.1

and 2 before the learned Single Judge in respect of agricultural land

and the learned Single Judge has passed an order to process the

claim of the writ petitioners for grant of pattadar passbook.

The appellants' grievance is that they are necessary parties, as

there is a civil dispute pending between the parties i.e., O.S.No.202 of

2018 and therefore, in all fairness, they should have been impleaded

as respondents in the writ petition.

The factum of pending a civil suit has not been denied by the

learned counsel appearing for the writ petitioners/respondents in the

writ appeal.

In the light of the aforesaid, as a civil dispute is pending

between the parties, in all fairness, the respondents/writ petitioners

should have been impleaded by the appellants in the writ petition.

Resultantly, without averting to the merits of the case, the writ

appeal is allowed, setting aside the impugned order passed by the

learned Single Judge.

Office is directed to list the writ petition before the learned

Single Judge on 14.03.2022. The appellants before this Court shall

be free to file an appropriate application for their impleadment and the

learned Single Judge, after hearing the appellants also, shall be free to

pass appropriate order in accordance with law.

Miscellaneous petitions, if any, shall stand closed. There shall

be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

________________________________ ABHINAND KUMAR SHAVILI, J 23.02.2022 ES