HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THIS THE SECOND DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION No.1485 of 2014 Between:
Atluri Sreenivasarao and another . PETITIONERS And Varikuti Satyanarayana and 14 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION No.1485 of 2014
ORDER:
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 21.04.2014 passed in I.A.No.206/2013 in I.A.No.76/2013 in O.S.No.22/2013 on the file of the Court of the Junior Civil Judge, Jangareddigudem.
Heard the learned counsel appearing for the petitioners/plaintiffs.
The petitioners/plaintiffs filed the petition under Order 16 Rule 14 and Section 151 CPC to issue summons to the Tahsildar, Jangareddigudem Mandal, Jangareddigudem to attend before the Court below as Court witness to give evidence in respect of village plan as well as certificate dated 04.04.2013 in ROC No.241/2013 issued by him to the respondents.
The predecessor of the present Presiding Officer of the Court below heard the petition and reserved the matter for orders. Subsequently he was transferred before passing orders in the said petition. Later on, according to the revision petitioners, the present Presiding Officer of the Court below, without hearing the parties, passed the impugned order, dismissing the application. The learned counsel appearing for the petitioners submitted that several judgments were cited before the predecessor of the present Presiding Officer of the Court below.
In the present revision petition, this Court directed the Registry to call for report from the concerned District Judge and the District Judge, West Godavari District submitted his report which reveal that the then Presiding Officer of the Court below heard the arguments in the aforesaid petition on 25.03.2014 and posted the matter to 21.04.2014 for orders and the present Presiding Officer of the Court below disposed off the matter on 21.04.2014 without hearing the parties.
Since the impugned order is passed without hearing the parties, the same is liable to be set aside.
For the foregoing reasons, the impugned order passed by the Court below dated 21.04.2014 in I.A.No.206/2013 in I.A.No.76/2013 in O.S.No.22/2013 is set aside and the Court below is directed to hear the both parties and dispose of the aforesaid petition afresh and pass a reasoned order, in accordance with law.
Accordingly, the Civil Revision Petition is allowed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 02.07.2014 Dsr