Shaik Shain Bi vs. The State Of Ap
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Dhiraj Singh Thakur , Cheekati Manavendranath Roy
Listed On:
30 Oct 2023
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE &
HON'BLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT APPEAL No.1036 of 2023
Shaik Shain Bi, W/o. Shaik Kalesha, Aged 43 years, R/o.Ward No.29, Vijaya Nagar Colony, Ongole, Prakasam District and 57 others.
... Appellants
Versus
The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration & Urban Development (MA & UD) Department, Secretariat, Amaravathi, Guntur District and four others.
…Respondents
| Counsel for the | : Mr. |
|---|---|
| appellants | C. Subodh |
| Counsel for respondent<br>No.1 | :<br>Government Pleader for Municipal<br>Administration and Urban<br>Development |
| Counsel for respondent | : Mr. M. Manohar Reddy, |
| No.2 | learned Standing Counsel. |
| Counsel for respondent<br>Nos.3 to<br>5 | :<br>Government Pleader for Revenue |
Dt.:30.10.2023
P.C.:
The present Writ Appeal has been preferred against the order, dated 29.03.2023, passed in Review Petition No.2 of 2021 arising out of W.P. No.6337 of 2019.
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The review petition was allowed by the Court on the premise that while deciding the writ petition bearing No.6337 of 2019, no opportunity had been granted to the Ongole Municipal Corporation to file its reply and inform the Court that the land in question could never have been the subject land for assignment inasmuch as it was cheruvu land namely a water body.
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Learned counsel for the appellants has no serious objection to the allowing of the review petition on the basis on which the same was allowed by the Court. However, it is submitted that the matter should have been, in ordinary course, restored to the writ Court for allowing the Corporation to file its reply and allowing the writ Court then to proceed on merits.
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Learned counsel for the parties are ad idem that the writ petition be restored to its original number with liberty to the parties to file their response and rejoinder, if any.
2
- Be that as it may. This appeal is disposed of with a direction that the Registry shall list the writ petition bearing No.6337 of 2019 before the writ Court next week. It shall be open to the parties to complete their pleadings in the meantime. The matter will be considered and finally decided on merits. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ CHEEKATI MANAVENDRANATH ROY, J AMD
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT APPEAL No.1036 of 2023
Dt:30.10.2023
AMD