HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL No.1016 OF 2014
DATED: 16.07.2014 Between:
Uppala Nagendra Varaprasad … Appellant And Badarala Venkateswara Rao and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1016 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is sought to be preferred against the judgment and order, dated 25.06.2014, by which, the learned Trial Judge has been pleased to allow the writ petitioner to remain in the land in question on certain conditions.
Primary contention raised before us is that impugned judgment and order has been passed without any notice being served on the appellant and thereby opportunity of being heard was not given. While we check up, learned counsel for both the parties fairly say that the Writ Petition was disposed of at the admission stage. No notice was served on the appellant. We are not deciding any issue. Taking note of the factual position that the notice was not served on the appellant, we set aside the impugned judgment and order, and remand the matter to the learned Trial Judge for rehearing of the matter in accordance with law. We request the learned Trial Judge to hear and dispose of the matter as early as possible.
The learned counsel for the writ petitioner submits that pursuant to the judgment and order impugned herein, his client has paid the money.
The Writ Appeal is accordingly allowed. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
16th JULY, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni