IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1336 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/04/2002 in WP NO : 26244 OF 2001 on the file of the High Court.) Between: 1 B.Satyam W/o.Muthaiah R/o.Mancherial 2 P.Tirupathi S/o.Vemkati R/o.Mancherial ..... APPELLANTS AND 1 The Government of Andhra Pradesh rep.by its Principal Secretary,Municipal Admn & U.a. Secretariat, Hyderabad 2 The Mancherial Municipality rep.by its Commissioner, Mancherial Adilabad District 3 Sri Ch.Madhusudhan Reddy S/o.Narasimha Reddy R/o.Mancherial Adilabad District .....RESPONDENTS Counsel for the Appellants: SRI M.S.PRASAD Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1336 of 2002 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 17.04.2002 in WP No.26244 of 2001, the present writ appeal is filed. The appellants filed the above writ petition seeking a direction to respondents 1 and 2 to take necessary action in accordance with law, against unauthorized and illegal constructions made in Sy.No.87 of Garimilla Village, Mancherial town, Adilabad District by respondent No.3 and others and further direct respondents 1 and 2 to collect construction permission fee and also property tax from the owners of the property in Sy.No.87 Garimilla village, Mancherial Town, Adilabad district, whose encroachments have been regularized by the State Government and to demolish the buildings of respondent No.3 and others, who have constructed on the Government land, without proper title and authority. The learned single Judge dismissed the writ petition. Having been aggrieved by the same, the appellants filed the present appeal. The learned Counsel for the appellants raised several contentions before this Court. One of the contentions that were raised before us, is that the learned single Judge passed the order under appeal, without going into merits of the case and without giving any opportunity to the counsel to make further submissions, at the admission stage. The above contention has not been controverted by the counsel for respondents. In view of the above submission and in the facts and circumstances of the case, without going into the merits of the case, we feel it just and proper to remand the matter to the learned single Judge to reconsider the matter. Accordingly, the writ appeal is allowed setting aside the order under appeal and the matter is remanded to the learned single Judge for fresh disposal, after giving opportunity to both the parties, in accordance with law. Registry is directed to post the matter before the learned single Judge, as per the roster. ________________________ Justice T. Meena Kumari ___________________________ Justice C.V. Nargarjuna Reddy Dated: 5th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :1336 of 2002 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 5th February, 2009