Busiraju Sitaiah vs The State Of Telangana
2022 Latest Caselaw 128 Tel

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



                 WRIT APPEAL No.272 of 2021

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


     This Court in an identical matter i.e., W.A.No.255 of

2021, has passed the following order on 17.11.2021:-

             "On 05.07.2021, there was no appearance on behalf
     of the appellants. Today also, there is no appearance.
             The facts of the case reveal that a writ petition was
     preferred by the present appellants stating that they are the
     patta holders in respect of land in Survey No.262 situated
     at    Sarapaka    (Sivaru)    Village,    Burgampahad         Mandal,
     Bhadradri Kothagudem District, they are in possession and
     they are being forcibly dispossessed by the officer of the
     Forest Department. A prayer was made for grant of interim
     relief and the learned Single Judge has dismissed the
     prayer for grant of interim relief on the ground that none of
     the petitioners has filed latest pahanies to show that they
     are in possession of the subject land.
             The fact remains that the writ petition is still
     pending. This court does not find any reason to interfere
     with the order passed by the learned Single Judge.
     However, a request is made to the learned Single Judge to
     decide the matter at an early date on merits.                  All the
     grounds shall be available to the appellants to argue before
     the learned Single Judge.         This Court has not expressed
     any opinion on merits and the learned Single Judge is
     requested to decide the main writ petition without being
     influenced by the order passed by him rejecting the
     application for grant of interim relief.
             With the aforesaid, the writ appeal stands disposed
     of.

             Pending miscellaneous applications, if any, shall
     stand closed."
                                2




     The aforesaid order makes it very clear that the matter

has been remanded to the learned Single Judge to decide the

matter on merits at an early date. Resultantly, as an order

has already been passed in an identical matter, no further

orders are required to be passed in the present writ appeal.

     Office is directed to list the writ petition before the

learned Single Judge on 07.03.2022 along with the other

identical matters. The learned Single Judge is requested to

decide the matter at an early date.

     The writ appeal stands disposed of accordingly.          The

miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.




                             ______________________________________
                               SATISH CHANDRA SHARMA, CJ




                             ______________________________________
                                ABHINAND KUMAR SHAVILI, J


18.01.2022

vs