IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1811 OF 2003 DATED: 08-10-2014 Between:
K. Venkata Swamy Goud and others … Appellants And The Collector and District Magistrate, Adilabad and others.
… Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APAPEAL NO.1811 OF 2003
JUDGMENT: (per Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
None appears for the respondents.
This appeal was filed against the dismissal order of the learned trial Judge. It appears that the learned trial Judge thought that the relief of payment of compensation for damages caused to movable properties was not admissible under the relevant Government Order. We have seen that the order of the learned trial Judge is not in consonance with the Government Order in this regard and also in the context of assessment of the damages in individual cases. Therefore, the impugned order seems to have been passed ignoring the express provisions of the Government Order. We think that the writ petition deserves to be entertained and decided on merits by inviting a counter-affidavit. We set aside the judgment and order of the learned trial Judge and remand the matter to the file of the learned trial Judge for hearing afresh and for a decision on merits. We desire that this exercise should be done within a period of three months from the date of production of this order.
The writ appeal is accordingly disposed of. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 08-10-2014 Svv