Narsingh Mahesh And Another v. Bejawadajanamma

THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU C.R.P.No.559 OF 2021 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order dated 01.01.2021 in IA No.14 of 2021 in O.S.No.14 of 2021 on the file of the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam.

2.

Heard learned counsel for the petitioners and learned counsel for the respondent.

3.

The learned counsel for the petitioners submits that the lis in this Civil Revision Petition is squarely covered by order dated 15.03.2022 passed in Civil Revision Petition No.985 of 2020. The same is not disputed by learned counsel for the respondent.

4.

In view of the same and for the reasons alike, this Civil Revision Petition is also disposed of in terms of the order dated 15.03.2022 passed in Civil Revision Petition No.985 of 2020, by setting aside the impugned order impugned dated 04.01.2021 in I.A.No.14 of 2021 in O.S.No.14 of 2021 on the file of the Special Assistant Agent

and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam. The matter is remitted for a fresh disposal by the learned Sub-Divisional Magistrate, considering the principles laid by the Hon'ble Supreme Court in Shiv Kumar Chadha vs Municipal Corporation of Delhi1's case, by giving an opportunity to both the parties to advance their submissions. However, in the circumstances of the case, there shall be no order as to costs. 5.

The office to append a copy of order dated 15.03.2022 passed in Civil Revision Petition No.985 of 2020 to this Civil Revision Petition.

6.

As a sequel, pending Miscellaneous Applications, if any, shall stand closed.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date: 28.10.2022.

Pssk 1 (1993) 3 SCC 161