Smt. Akula Mallikamba vs Gulla Sammaiah
2022 Latest Caselaw 5968 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                           AND
           THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                  W.A.No. 692 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard Mr. V.Srikantha Rao, learned counsel for the

appellant and Mr. Ravi Kumar Vadlakonda, learned counsel for

respondent No.1. We have also heard Mr. T.Srikanth Reddy,

learned Government Pleader for Revenue representing

respondents No.2 to 5.

2. This intra-court appeal is directed against the order

dated 20.06.2022 passed by the learned Single Judge disposing of

W.P.No.25595 of 2022 filed by respondent No.1 as the writ

petitioner.

3. Respondent No.1 had filed the related writ petition

assailing the legality and validity of the order dated 28.03.2022

passed by the District Collector, Karimnagar mutating the name

of the appellant in her revenue records as pattadar and possessor

in respect of agricultural land admeasuring Ac.1-06 guntas ::2::

situated in Survey No.463/B/A of Thummanapalli, Huzurabad

Mandal in Karimnagar District (briefly 'the subject land'

hereinafter). Respondent No.1 sought for a direction to the

revenue authorities to mutate his name in place of the appellant

and thereafter to issue pattadar pass book etc., in respect of the

subject land.

4. Learned counsel for the appellant submits that learned

Single Judge had allowed the writ petition at the admission stage

by setting aside the order of the District Collector, Karimnagar

dated 28.03.2022 and remanding the matter back to the District

Collector for a fresh decision. Such an order was passed without

issuing notice to the appellant and without hearing her, though

she was arrayed as respondent No.5 in the writ petition. If an

opportunity of hearing would have been granted to the appellant,

she would have persuaded the learned Single Judge not to

interfere with the order of the District Collector

dated 28.03.2022, which has created certain rights in the

appellant.

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5.' We have perused the order of the learned Single Judge

dated 20.06.2022. We do not find from the said order that

notice was issued to the appellant, who was arrayed as

respondent No.5 in the writ petition. Without issuing notice to

the appellant (respondent No.5) and without giving her an

opportunity to defend the order of the District Collector

dated 28.03.2022 which was in her favour, learned Single Judge

ought not to have set aside the same, though while remanding

the matter back to the District Collector, he had directed that the

affected parties be heard.

6. Be that as it may, in view of what has been discussed

above, we set aside the order of the learned Single Judge

dated 20.06.2022 passed in W.P.No.25595 of 2022 and remand

the matter back to the learned Single Judge for a fresh

consideration in accordance with law.

7. Appellant being respondent No.5 in W.P.No.25595 of

2022 shall file counter-affidavit within four weeks from today.

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8. W.P.No.25595 of 2022 shall thereafter be listed before the

learned Single Judge having roster on 26.12.2022.

9. Writ Appeal is accordingly allowed. No costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

__________________ UJJAL BHUYAN, CJ

_______________________ C.V.BHASKAR REDDY, J Date: 17.11.2022 LUR