Boini Venkatesham v. Kondu Ramaiah
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY 1 TWO THOUSAND AND TWENTY TWO PRESE NT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT AP PEAL NO: 773 OF 2019 Writ Appeal under clause 15 of the Letters Patent Preferred Against the Order Dated 28-12-2018, Passed in l.A.No.1 of 2018 in W.P.No.Z3434 of 2018. on the file of the High Court.
Between:
Boini Venkatesham, S/o Bheemaiah Mandal, Mancherial Dist.
(Naisaiah) R/o Gopalraopeta village, Tandur ...APPELLANT/RESPONDENT No.4 AND Kondu Ramaiah, S/o Late Chandraiah, aged about 52 years, Occ :Agriculture, R/o Chandrapelli Village Tandur [,4andal Mancherial District. Kondu Kistaiah, S/o Late Chandraiah, aged about 50 years, Occ Agriculture, R/o Chandrapelli Village Tandur Mandal Mancherial District.
3. Kondu Venkaiah, S/o Late Chandraiah, FJo Chandrapelli Village, Tandur L4and aged about 47 years, Occ Agricuture, al l\4ancherial District.
Kondu Banaiah, S/o Late Chandraiah, aged about 42 years, Occ Agriculture, R/o Chandrapelli Village, Tandur Mandal N4ancherial District. .....RESPONDENTS/WRIT PETITIONERS
5. State ofTelangana, rep by its Principal Secretary, Revenue Department Secretariat, Hyderabad.
6. The Sub collector cum Sub Divisional I\,4agistrate, Bellamapally ltr'lancherial District.
7. The Tahasildar. Tandur l\,4andal. l\,4ancherial District
8. Sri Kondu Ashalu,, S/o Venkati R/o Chandrapelli village of Tandur l\,4andal l\,4ancherial District.
...RESPONDENTS/ RESPONOENTS 1 TO 3 AND 5IN WP lA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend lhe interim order granted in WP No. 23434 oI 2018 dated 10-7,2018 which was made absolute in lA No. I of 2018 in WP No. 23434 ol 2018 by order dated 2812-2018 pending disposal of the above writ appeal.
Counsel for the Appellant : SRI.V.RAVI KIRAN RAO Counsel for the Respondent Nos.1 to 3 : SRI.G.MADHUSUDHAN REDDY Counsel for the Respondent Nos.5 to 7 : G.P FOR REVENUE Counsel for the Respondent No.8 : NONE APPEARED The Court made the following judgment : '
TIIE ON'BLE E CHIEF JUSTICE TISH SHARMA AND THE I{ON'BLE SRI JUSTICE AB NAND WRIT APPEAL NO .773 of 2Ol9 JUDGMENT: lPer the Ha bLe thc Cfirel Ju.srr'e Sotrsh ChaidrQ Shanna) The present writ appeal is arising out of an interim order dated 28.12.2018 passed by the learned Single Judge in I.A.No.1 of 2018 in W.P.No'23434 of 2018 The facts of the case reveal that the appellate authority has exercised the powers suo motu by registering an appeal and was proceeding ahead in the matter and in those circumstances, as there was no provision for suo motu I exercise of appellate powers, the learned Single Judge has granted an interim order.
Before this Court also the learned counsel for the appellant (respondent No.4 in the writ petition) was requested to bring to the notice of this Court the provision relating to suo motu exercise of appellate power' He is fair enough in stating before this Court that there is no such statutory provision.
In the light of the aforesaid, this Court does not find any reason to interfere ll'ith the order passed by the learned Single Judge. However, it is made clear that this Court has not expressed any opinion on the merits of the case and the parties shall be free to raise all possible grounds before the
learned Single Judge. This Court does not find any reason to vacate the interim order granted by the learned Single Judge. Office is directed to list W.P.No.23434 of 2018 before the learned Single on 29.O3.2022 and the learned Single Judge is requested to decide the matter at an early date. The writ appeal is accordingly dismissed.
The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. SD/.M.VIJAYA BHASKAR DEPUfi REGISTRAR /'( u) //TRUE COPY'
SECTION OFFICER To
1. One CC to SRI.V.RAVI KIRAN RAO, Advocate [OPUC]
2. One CC to SRI.G.IVADHUSUDHAN REDDY, Advocate [OPUC]
3. The Section Officer, Posting Section, High Court for the State of Telangana at Hyderabad. (for posting the W.P as directed).
4. The Section Officer, Writ (Non - Service) Section, High Court for the State of Telangana at Hyderabad.
5. Two CD Copies
6. One spare copy SA \.\- SW
HIGH COURT DATED:1710212022 6"
tig t 6 rEB 2022 1Y'q - ,r.I4 ]\ o JU DGM ENT WA.No.773 of 20'19 DISMISSING THE W.A WITHOUT COSTS.
@ X;* ^t'.\ I