Ganamoni Shiva Shankar vs B. Purender Goud
2025 Latest Caselaw 5173 Tel

Telangana High Court

Ganamoni Shiva Shankar vs B. Purender Goud on 29 April, 2025

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

                    WRIT APPEAL No.466 of 2025

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

Sri G. Sundaresan, learned counsel represents Sri E.

Srinivasa Reddy, learned counsel for the appellant; Dr. Ravi Kumar

N., learned counsel for respondent No.1; Ms. Shazia Parveen, learned

Government Pleader for Panchayat Raj & Rural Development

Department, for respondent Nos.2 to 4 and Sri K. Pradeep Reddy,

learned Standing Counsel for Gram Panchyat, for respondent No.5.

2. With the consent, finally heard.

3. During the course of hearing, learned counsel for the parties

reached to a consensus that the appellant although was impleaded in

the writ petition as respondent No.5 but was never put to notice.

Learned Single Judge by giving a finding in paragraph No.3 that 'This

Court has gone into the material filed along with the writ petition and

from the photograph filed at page No.25, it is evident that there is no

setback left by respondent No.5 while making construction. In view

thereof, this Court deems it fit and proper to dispose of this Writ Petition

at the admission stage, directing respondent No.4 to issue notice to

respondent No.5 and take action in accordance with law after

considering the explanation of respondent No.5', issued directions

which may have adverse impact on the appellant. Thus, it is agreed

that the impugned order of learned Single Judge dated 09.04.2025

may be set aside and the appellant may be permitted to participate in

the proceedings before the writ Court.

4. In view of consensus arrived at, the impugned order dated

09.04.2025 is set aside. W.P.No.10582 of 2025 is restored to its

original number. The writ petition be listed on 18.06.2025. The

appellant shall treat this date as a notice and may appear before the

writ Court and defend his case. On such appearance, learned Single

Judge is requested to rehear the parties and pass a fresh order in

accordance with law.

5. With aforesaid and without expressing any opinion on merits

of the case, this Writ Appeal is disposed of. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 29.04.2025 Myk/Tsr