THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1485 of 2012;
W.A.M.P. Nos. 2955 of 2012 and 1810 of 2013 And Writ Appeal (SR) Nos. 175858 of 2012 & 88578 of 2013 DATED:15.07.2014
Writ Appeal No.1485 of 2012
Between:
Vorla Seetha Ram Reddy, R.R. District and others.
And Joint Collector, R.R. District, Hyderabad and others.
… Appellants ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1485 of 2012;
W.A.M.P. Nos. 2955 of 2012 and 1810 of 2013
And
Writ Appeal (SR) Nos. 175858 of 2012 & 88578 of 2013
Common Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
W.A. No. 1485 of 2012 We admit the appeal and by consent of the appearing parties, namely, the writ petitioners-appellants and the respondents, dispensing with all the formalities, we hear out the appeal finally.
The learned trial Judge did not in fact adjudicate the issue involved and His Lordship was persuaded to accept that there is a consent order between the legal heirs of the protected tenants and the legal heirs of the pattadars before the appellate authority.
We have checked up the order of the appellate authority. We find that there has been no consent at all and there is absolutely no adjudication of the issues either way. In view of the aforesaid circumstances, we feel that the order of the learned trial Judge is to be set aside and is hereby set aside, and the writ petition is to be heard considering the pleadings denovo. Hence, we restore the writ petition to file. We also make it clear that if any interim order is subsisting on the date of disposal of the writ petition, that interim order will stand revived.
The writ appeal is accordingly disposed of.
Consequently, the other miscellaneous applications, if any pending, shall also stand disposed of.
W.A.M.P. Nos. 2955 of 2012 and 1810 of 2013 and Writ Appeal (SR) Nos. 175858 of 2012 & 88578 of 2013 In view of the aforesaid order passed by us in Writ Appeal No. 1485 of 2012, we do not think it fit to consider the leave applications. The same are accordingly disposed of without passing any order. Consequently, Writ Appeal (SR) Nos. 175858 of 2012 & 88578 of 2013 shall stand disposed of. The other miscellaneous applications, if any pending, shall also stand disposed of. No order as to costs.
K.J. SENGUPTA, CJ 15th July, 2014 pnb SANJAY KUMAR, J