WA/2018/2013 of T. Duggi Reddy Vs The State of Andhra PRadesh, rep. by its District collector on 31 December 2013

Conclusion

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND

THE HON’BLE SRI JUSTICE SANJAY KUMAR

Writ Appeal No. 2018 of 2013

DATED:31.12.2013

Between:T. Duggi Reddy,Chennareddy Peta Village and another.

… Appellants

And

The State of Andhra PradeshRepresented by its District Collector,Kadapa District and another.

….Respondents

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR

Writ Appeal No. 2018 of 2013

Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

We admit the appeal. Learned counsel for the respondents takenotice of the appeal and they agree to the disposal of the appeal todayitself. Accordingly, we do so.

This appeal is filed against the judgment of the learned SingleJudge dated 20.11.2013, by which, the writ petition has been dismissed. It appears from the impugned order that the learned Single Judge hasdismissed the writ petition basing on the oral submission made by therespondents. According to us, the appellants-writ petitioners have raiseda question relating to title of the property in the writ petition and suchdispute cannot be decided without considering either records ordocuments. Further, such decision cannot be rendered on the basis oforal submission made in a case of this nature.

We, therefore, set aside the impugned judgment and order of thelearned Single Judge. We restore the writ petition to file for freshdecision by the learned Single Judge. The State respondents shall filecounter affidavit within one week after the date of re-opening of PongalVacation, 2014 and affidavit in reply should be filed within two weeksthereafter. We request the learned Single Judge to decide the matter as early as possible. However, the observations and findings made by thelearned Single Judge in the impugned order basing on the oralinstructions of the learned Government Pleader appearing for the Stateought not to be an influencing and binding factor at the time of takingfresh decision.

If the appellants want any interim relief, it would be open for theappellants to approach the learned Single Judge for such interim relief.

The writ appeal is accordingly disposed of.

Consequently, the miscellaneous applications, if any, shall standdisposed of. No costs.

_____________________

K.J. SENGUPTA, CJ

_________________

SANJAY KUMAR, J

31.12.2013

PNB