Citation : 2025 Latest Caselaw 824 Tel
Judgement Date : 6 January, 2025
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT APPEAL No.17 of 2025
JUDGMENT:
(Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Dara Sreesailam, learned counsel for the
appellant appears through video conferencing.
Mr. P.Bhanu Prakash, learned counsel for the
respondent No.1.
Mr. Muralidhar Reddy Katram, learned Government
Pleader for Revenue, for the respondents No.2 to 5.
2. This intra court appeal is filed against the order
dated 22.07.2024 passed by the learned Single Judge by
which the writ petition preferred by the respondent No.1,
namely W.P.No.19393 of 2024, has been disposed of with a
direction to the District Collector, Hanamkonda District, to
decide the representation dated 04.07.2024 submitted by
the respondent No.1 after affording an opportunity of
hearing to the respondent No.1 and the appellant.
3. Learned counsel for the appellant submits that the
impugned order has been passed without issuing any
notice to the appellant. It is further submitted that the
respondent No.1 is guilty of suppression of material facts
and has not brought to the notice of the Court the previous
round of litigation pending between the parties. It is,
therefore, urged that the respondent No.1 is not entitled to
invoke the writ jurisdiction.
4. However, the aforesaid submission has been disputed
by the learned counsel for the respondent No.1 and it has
been contended that the respondent No.1 has not
suppressed any facts and has approached the Court with
clean hands.
5. Be that as it may, since the entitlement of the
respondent No.1 to seek the relief has been questioned by
the appellant, in the facts and circumstances of the case,
though the order passed by the learned Single Judge is
innocuous, we set aside the same and request the learned
Single Judge to hear the parties and to decide the writ
petition afresh.
6. Accordingly, the appeal is disposed of.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ
______________________________________ J.SREENIVAS RAO, J
06.01.2025
Note: Issue C.C today.
B/o.
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