Chinathalapally Thirupathi Reddy vs Chittumalla Anantam
2025 Latest Caselaw 4986 Tel

Telangana High Court

Chinathalapally Thirupathi Reddy vs Chittumalla Anantam on 21 April, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                            AND
           THE HON'BLE SMT. JUSTICE RENUKA YARA

                    WRIT APPEAL No.392 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):

Sri P. Giri Krishna, learned counsel for the appellants;

Sri Rajashekar Thallapally, learned counsel for respondent Nos.1

and 2/writ petitioners; Ms. Shanthi Neelam, learned Government

Pleader for Irrigation & Command Area Development

Department, for respondent No.11 and Sri E. Ramesh Chandra

Goud, learned Government Pleader for Land Acquisition, for

respondent Nos.12, 13 and 14.

2. During the course of hearing, learned counsel for the

appellants submitted that in W.P.No.14703 of 2008, the present

appellants filed an application seeking impleadment. Learned

Single Judge was kind enough in allowing the application for

impleadment but on the very same day decided the writ petition.

If the appellants would have got an opportunity to file counter,

they would have been in a position to show as to how their rights

are going to be affected. The impugned order dated 12.02.2025

passed by the learned Single Judge may be set aside by

reserving liberty to the appellants to file counter and thereafter,

the writ petition may be decided.

3. Learned counsel for respondent Nos.1 and 2/writ

petitioners opposed the prayer by contending that the writ

petition was pending since 2008 and the writ petitioners are the

senior citizens. However, learned counsel for the writ

petitioners, on a specific query from the Bench, fairly submitted

that the writ petition was decided on the very same day the

implead petition of the present appellants was allowed and they

did not get an opportunity to file counter.

4. Considering the aforesaid, we deem it proper to set aside

the impugned order dated 12.02.2025 passed by the learned

Single Judge by restoring W.P.No.14703 of 2008 to its original

number. Liberty is reserved to the appellants to file counter in

the writ petition on or before 07.06.2025, failing which, right to

file counter shall stand forfeited. In the event of filing of counter

by the appellants within the said date, learned Single Judge is

requested to decide the writ petition afresh in accordance with

law by duly taking into consideration the counter filed by the

appellants. The Registry shall list the writ petition before

appropriate Bench in third week of June, 2025.

5. Accordingly, this Writ Appeal is disposed of without

expressing any view on merits. As a consequence of restoring

the writ petition, if any ad interim order was in operation in the

writ petition, it shall stand revived. No costs.

Interlocutory applications, if any pending, shall also

stand closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 21.04.2025 Myk/Tsr