Shaik Abubakar Zubedi S/O.Shaik Abdullah (Died) v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.2441 of 2017 ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Revenue appearing for respondent Nos.1 to 4.

2.

Personal notice sent by counsel for petitioner to respondent Nos.5 to 10 returned unclaimed. Therefore they are deemed to be served.

3.

Petitioner's grievance is that 2nd respondent has passed the impugned order on 21-09-2015 dismissing their appeal under Section 24 of the A.P. (T.A.) Abolition of Inams Act, 1955 on the ground that petitioners did not appear before him though their counsel appeared and respondents did not appear.

4.

Copy of the impugned order also shows that Sri P.Srinivasa Rao, Advocate appeared on behalf of petitioners herein, who are appellants before the 2nd respondent, though respondent Nos.5 to 10 did not appear.

5.

When the petitioners were represented by a counsel Sri P.Srinviasa Rao and he appeared before the 2nd respondent, why 2nd respondent wanted the petitioners to appear in person is inexplicable. Counsel is engaged by the parties to represent them and when he appears, the parties are deemed to be present.

MSR,J W.P.No.2441 of 2017 6.

Therefore, the impugned order passed by 2nd respondent dismissing the appeal on the ground that petitioners did not appear before him, cannot be sustained. It is accordingly set aside and the matter is remitted back to the 2nd respondent to pass fresh orders in accordance with law and communicate the same to both sides. 7.

The petitioners having died after the order is passed by 2nd respondent, their legal representatives shall file an application to bring themselves on record before the 2nd respondent within four (04) weeks from the date of receipt of copy of the order and the said application shall then be considered by 2nd respondent and then the appeal be decided as directed above expeditiously. 8.

The Writ Petition is disposed of with the above directions. No costs.

9.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 06-11-2017 Vsv/*