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2021 DIGILAW 407 (AP)

Vajjalakunta Tank, Bodavada Mandagunta Parchuru Mandal v. K. Ranga Rao

2021-07-08

ARUP KUMAR GOSWAMI, NINALA JAYASURYA

body2021
JUDGMENT Arup Kumar Goswami, C.J. - Heard Mr. Ambati Sudhakara Rao, learned counsel for the appellant. Also heard Mr. D.V. Sasidhar, learned counsel for respondent Nos.1 to 8/writ petitioners and Ms. P. Rajani, learned Government Pleader for Endowments appearing for respondent Nos.9 and 10. 2. This appeal is directed against an order dated 25.08.2020 passed by the learned single Judge in W.P.No.14374 of 2020 allowing the writ petition. 3. The grievance expressed in this appeal is that no opportunity was granted to the appellant to contest the case. The writ petition was filed on 18.08.2020 and on 25.08.2020, it came to be disposed of. 4. It is also submitted by Mr. Ambati Sudhakara Rao, learned counsel for the appellant, that though he appeared on screen on that day, he was not heard and the same is evident from paragraph No.2 of the order under challenge wherein it was recorded that only the learned Government Pleader appearing for respondent Nos.1 and 2 was heard. 5. The fact of filing of writ petition on 18.08.2020 and disposal of the same on 25.08.2020 is not disputed by Mr. D.V. Sasidhar, learned counsel for the writ petitioners. In that circumstance, we are of the considered opinion that opportunity was not afforded to the appellant to contest the case on merits. 6. That being the position, the impugned order is set aside and quashed and the matter is remanded back to the learned single Judge for fresh consideration. 7. It is submitted by Mr. D.V. Sasidhar that interim order was granted in the writ petition pending disposal of the same and if an order of status quo is not passed in respect of Ac.4.54 cents of land situated in Sy.No.316/2 of Bodavada Mandagunta Village, paruchur Mandal, Prakasam District, the writ petitioners may be dispossessed. 8. In that view of the matter, it is directed that status quo shall be maintained in respect of Ac.4.54 cents of land in Sy.No.316/2 of Bodavada Mandagunta Villae, Parchur Mandal, till the writ petition is taken up by the learned single Judge. Thereafter, the learned single Judge will pass necessary order as may be considered appropriate. 9. Registry will list the writ petition before appropriate single Bench having roster on 27.07.2021. 10. Accordingly, the Writ Appeal is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.