Sharada Dondlapally vs Pittala Venkataiah
2022 Latest Caselaw 1182 Tel

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

                     WRIT APPEAL No.159 OF 2022


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



      The present writ appeal is arising out of order dated

10.02.2022 passed in W.P.No.7099 of 2022.


      Learned counsel for the appellants has argued before this

Court that the appellants are the absolute owners, possessors

and pattadars of land bearing Sy.Nos.84, 86, 88, 89, 91, 92, 93,

94   and      116   admeasuring            Acs.16.03         guntas        situated   at

Raghavapur Village, Rajapur Mandal, Mahaboobnagar District

and without impleading them as respondents in the writ

petition, respondent No.1 in the writ appeal has preferred a writ

petition stating that the Tahsildar is not passing appropriate

order in respect of the petition preferred by him under Section

40 of the Tenancy Act, 1950. The learned Single Judge has

disposed of the writ petition directing the Tahsildar to pass an

appropriate order on the petition preferred by the writ

petitioner.

The grievance of the appellants is that they are the

necessary parties and in all fairness, they should have been

impleaded as respondents in the writ petition.

Learned counsel for respondent No.1 in the present writ

appeal was also fair enough in stating before this Court that the

order passed by the learned Single Judge may be set aside, the

matter be remanded back to the learned Single Judge and the

appellants shall be free to file appropriate application for their

impleadment and thereafter the matter shall be heard and

decided on merits.

In the light of the aforesaid, the writ appeal is allowed and

the order passed by the learned Single Judge is set aside. The

appellants are granted liberty to file appropriate application for

their impleadment before the learned Single Judge and the

learned Single Judge shall be free to pass appropriate order in

accordance with law, after hearing all the parties. The parties

shall appear before the learned Single Judge on 20.03.2022.

Office is directed to list the writ petition before the learned

Single Judge on 20.03.2022.

Miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 15.03.2022 ES