The State Of Telangana., Rep By ... vs M. Janardhan Reddy,
2023 Latest Caselaw 3567 Tel

        THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                            AND
     THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY


                    WRIT APPEAL No.28 of 2014

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


      Mr.     Parsa      Ananth        Nageshwar            Rao,   learned

Government Pleader attached to the office of learned

Advocate General for the appellants.


2.    This intra court appeal under Clause 15 of the Letters

Patent has been filed against the order dated 17.03.2011

passed by the learned Single Judge by which W.P.No.24552

of 2008 preferred by the owners of the land has been

allowed and G.O.Ms.No.580 dated 04.05.2005 passed by the

State Government in exercise of powers under Section 34 of

the Urban Land (Ceiling and Regulation) Act, 1976 and the

consequential order dated 28.03.2006 passed by the

competent authority have been quashed.


3.    Learned Single Judge while passing the aforesaid order

has placed reliance on the order dated 05.03.2009 in
                                 ::2::



W.P.No.16803 of 2008. The validity of the said order has

been examined by us today in W.A.No.1438 of 2009 and the

same has been set aside by a separate judgment.


4.    Respondent Nos.1 to 3 claim to be the purchasers

prior to passing of the order dated 04.05.2005. However,

their claim on merits has not been examined by the learned

Single Judge. Therefore, we set aside the order dated

17.03.2011 passed by the learned Single Judge in

W.P.No.24552 of 2008 and remit the matter to the learned

Single Judge for fresh decision.

5. Accordingly, the writ appeal is allowed.

As a sequel, miscellaneous petitions, pending if any,

stand closed.

___________________ ALOK ARADHE, CJ

__________________________________ LAXMI NARAYANA ALISHETTY, J Date: 03.11.2023 ES