High Court · 2025
Case Details
Petitiqn unde' Section 151 CPQ praying that in the circumstances stated in the affidavit filed in support oI the petition, the High Court mal'be pleased to suspend the prder dated 12-02-2025 in W.F No.14703 o'f 2008 per,ding disposa! Of the above Writ Appeal Counsel for the AptrellantS: SRl. P GlRl KRISHNA Counsel for the Rer;pondent Nos.1&2: SRI RAJASHEKAR THALI.APALLY Counsel for the Res;pondent No.1'l: Ms SHANTHI NEELAM GP F'l)R IRRIGATION AND COMMAND AREA DEVELOPMENT Counsgl for the Re$,pondgnt Nos.l2,13 & 14; SRI E. RAMESH CFANDRA GOUD GP FOR LAND ACQUISITION The Court made the folloqying; JUDGMENT .'.nttd*- .-, a-t ia.r.. { THE HON'BLE THE ACTING CIIIEF'JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.392 of 2025 JUDGMENT (Per the Hon'bte the Acting Chief Justice Sujog Paut)" Sri P. Giri Krishna, learned counsel for the appellants; Sri Rajashekar Thallapally, learned counsel for respondent Nos' 1 and.2lwrit petitioners; Ms. Shanthi Neelam, learned Government Pleader for Irrigation & Command Area Development Department, for respondent No.11 and Sri E' Ramesh Chandra Goud, learned Government Pieader for LaId Acquisition' for respondent Nos.12, 13 and 14. During the course of hearing, learned counsel for the 2. appellants submitted that in W'P'No 14703 of 20O8' the present appellants filed an application seeking impleadment' Learned Single Judge was kind enough in aliowing the application for impleadment but on the very same day decided the writ petition' If the appellants would have got an opportunity to file counter' they would have been in a position to show as to how their rights are going to be affected. The impugned order dated l2'O2'2O25 passed by the learned Single Judge may be set aside by 2 reserving liberty to the appellants to file counter and :hereafter, the writ petition may be decided a Lera.rnerl counsel for respondent Nos. 1 arLd 2lwrit petitioners oplrosed the prayer by contending that the writ petition rvzrs pending since 2008 and the writ petitionr rs are the senior citizens;. However, learned counsel for the writ petitioners, on a: speciflc query from the Bench, fairlr. submitted that the vrrit petition was decided on the very sam3 day the implead petitio-r of the present appellants was allou,cc ar-td they did not get an c 1>portunity to file counter.
4. Considr:ring the aforesaid, we deerrr it proper to set aside the impugned order dated 12.02.2025 passed b1' tL e learned Single Judge by restoring W.P.No.l47O3 of 2008 to i-s original number. l-iberty is reserved to the appellants to file ,:ounter in the writ petitiorr on or before 07.06.2025, failing u,hic -r, right to file counte r shell stand forfeited. In the event of filing rf counter by the appellant-s within the said date, learned Srnglt, Judge is requested to dt:r:ide the writ petition afre sh in accord ance with law by duly taxing into consideration the counter filed by the appellants. Th: Registry shall list the writ petiti rn before appropriate Berr,:h in third week of June, 2025. \ w
5. Accordingly, this Writ Appeai is disposed of without expressing any view on merits. As a consequence of restoring the writ petition, if any ad interim order was in operation in the writ petition, it shall stand revived. No costs. Interlocutory applications, if any pending, shall also stand closed To, //TRUE COPY// SD/-I. NAGA LAKSHMI JOINT REGISTRAR SECTION OFFICER 1 The Secretary. Government of Andhra Pradesh erstwhile Telanqana, lr'rigation and Command Area Development, Secreiariat Buildings, Hyderabad. Presently State of DR.B.R Ambedkar
2. The District Collector, Karimnagar District erstwhile presently Rajanna Siricilla District.
3. The Revenue Divisional Officer, Siricilla District, Karimnagar District erstwhile presently Rajanna Siricilla
4. Joint Qqllector, Karimnagar District erstwhile at present Rajanna siricilla District.
5. One CC to SRl. P GlRl KRISHNA Advocate [OPUCI 6 One CC to SRl. RAJASHEKAR THALLAPALLY Advocate IOPUCI 7. Two CCs to GP for Land Acquisition, High Court fpr the State of Telangana at Hyderabad. [9UT]
8. TWO CCS tO GP FQR IBRIGATIQN AN9 COMMAND AREA DEVELbPMENT, High Q'ourt-figrihe State of Telangana at Hvderaba(' [oUT]
9. Two CD Copiqs KKS BS ,) l I HIGH COURT DATED:21 rc4t212i ( .-"$ o -) f a-, I :l JUDGMENT WA.No.392 of 2025 i.:s- \to *\{ DISPOSING THE WRIT APPEAL WITHOUT COSTS ff\;r ,4 2 jr: