Ganta Venkat Reddy vs Sankepally. Jagadeshwar Reddy
2023 Latest Caselaw 2961 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT APPEAL No.978 of 2023

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


       Mr. Vadeendra Joshi, learned counsel appears for the

appellant.


       Mr. S. Viplav Simha Reddy, learned counsel appears for

respondent Nos.1 to 4.

Mr. T. Srikanth Reddy, learned Government Pleader for

Revenue appears for respondent Nos.5 to 9.

Mr. P. Sasidhar Reddy, learned counsel appears for

respondent No.10.

2. With the consent of the parties, the matter is heard

finally.

3. This intra court appeal has been filed against an order

dated 27.06.2023 passed by the learned Single Judge by which

W.P.No.7106 of 2023 preferred by respondent Nos.1 to 4

herein has been disposed of.

CJ & NVSK, J

4. The sole contention urged on behalf of the appellant is

that even though the appellant was arrayed as respondent No.7

in the Writ Petition, yet, notice has not been served on him nor

the appellant has been heard before passing the impugned

order.

5. From a perusal of the impugned order, we find that the

learned Single Judge has directed the parties to maintain

status quo in respect of the land measuring Ac.0.32 guntas in

Survey No.251/1 situated at Malipuram Village, Thirumalagiri

Mandal, Suryapet District, till the decision is taken by the

Tahsildar, Thirumalagiri Mandal, Suryapet District, on the

application/representation of respondent Nos.1 to 4. Such an

order could not have been passed without affording an

opportunity of hearing to the appellant.

6. For the aforementioned reason, the order dated

27.06.2023 passed by the learned Single Judge is hereby set

aside and the matter is remanded to the learned Single Judge.

The learned Single Judge is requested to ensure that the notice CJ & NVSK, J

is served on all the respondents and thereafter, to deal with the

matter in accordance with law.

7. Accordingly, the appeal is disposed of.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 6th OCTOBER, 2023.

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