Ramalayam Temple Trust vs G. Raghu Goud
2023 Latest Caselaw 4118 Tel

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

   THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


                WRIT APPEAL No.630 of 2023


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


        Mr. Sreenivasa Rao Velivela, learned counsel for the

appellants.

        Mr. M.S.Chandresh, learned counsel for respondent

No.1.

Mr. T.Srikanth Reddy, learned Government Pleader

for Revenue for respondent Nos.2 to 4.

2. With consent of the learned counsel for the

parties, the Writ Appeal is heard finally.

3. This intra court appeal has been filed against

an order dated 10.04.2023 passed by the learned Single

Judge in W.P.No.9526 of 2023, by which writ petition

preferred by respondent No.1 has been disposed of with the

direction to Tahasildar, Moinabad Mandal, Ranga Reddy

District.

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4. Learned counsel for the appellants submits that

respondent No.1 has not disclosed the survey number and

the appellants are the owners and in possession of the land

in question.

5. We have considered the submission made by

learned counsel for the appellants and have also heard

learned counsel for respondent No.1.

6. From the perusal of the impugned order, it

appears that respondent No.1 has not disclosed the survey

number of the land in question. If in the application also,

respondent No.1 has not disclosed the survey number of

the land in question, the Tahasildar, Moinabad Mandal,

Ranga Reddy District shall advert to the aforesaid aspect of

the matter before ordering survey and in any case, the

appellants shall be heard before any order is passed on the

application submitted by respondent No.1. Needless to

state that the application shall be decided by an order by

assigning reasons.

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7. To the aforesaid extent, the order passed by

learned Single Judge is modified.

8. Accordingly, the Writ Appeal is disposed of.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall

stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 18.11.2023 KL