Nenavath Hanya vs Korra Mothya
2023 Latest Caselaw 2446 Tel

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                             AND

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


               WRIT APPEAL No.905 of 2023


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


      Mr. D.Ranganatha Kumar, learned counsel for the

appellant.

      Mr.    M.Damodar      Reddy,     learned    counsel   for

respondent No.1.

Mr. Allam Ramesh, learned Government Pleader

representing respondent Nos.2 to 6.

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

finally.

3. This intra court appeal takes an exception to

order dated 12.03.2023 passed in W.P.No.38913 of 2022

by learned Single Judge of this Court, by which writ

petition preferred by respondent No.1 has been allowed.

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4. Learned Single Judge has quashed the order

dated 01.09.2022 passed by the Agency Divisional Officer-

cum-Revenue Divisional Officer, Achampet, Nagarkurnool

District on the ground that the same has been passed

without affording any opportunity of hearing to respondent

No.1.

5. Learned counsel for the appellant has raised a

similar contention that after quashing the order, learned

Single Judge ought to have remitted the matter to the

Agency Divisional Officer-cum-Revenue Divisional Officer,

Achampet, Nagarkurnool District.

6. The aforesaid submission has not been fairly

opposed by learned counsel for respondent No.1.

7. In view of submissions made and taking into

account the fact that after setting aside the order dated

01.09.2022, learned Single Judge ought to have remitted

the matter to the Agency Divisional Officer-cum-Revenue

Divisional Officer, Achampet, Nagarkurnool District to ::3::

proceed afresh after affording an opportunity of hearing to

all the parties.

8. Therefore, the order dated 12.03.2023 passed in

W.P.No.38913 of 2022 by learned Single Judge of this

Court is modified and it is directed that the Agency

Divisional Officer-cum-Revenue Divisional Officer,

Achampet, Nagarkurnool District shall decide the matter

afresh after giving an opportunity of hearing to the

appellant and the respondents as well as all other

necessary parties within a period of four (04) months from

the date of appearance of the parties. Needless to state

that it will be open for the parties to raise all such

contentions which are available to them in law.

9. To the aforesaid extent, the order dated

12.03.2023 passed in W.P.No.38913 of 2022 by learned

Single Judge of this Court is modified.

10. Accordingly, the Writ Appeal is disposed of.

There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if

any, shall stand closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 15.09.2023 KL