Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 6153 (AP)

SHAIK PYARIJAN v. NARASAPURAM VENKATA SWAMY

WA/792/2026 · 2026-07-21

Challa Gunaranjan, Lisa Gill

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010318072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 792 of 2026 Bench Sr.No:-3 [3584] Shaik Pyarijan ...Appellant Vs. Narasapuram Venkata Swamy and others ...Respondents CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 22nd July, 2026 Present:- Advocate for Appellant : Ms Sodum Anvesha Advocate(s) for Respondent(s) : Mr B. Sai Sampath Kumar for Ms K Pallavi - R.1 GP for Revenue - R.2 to R.4 ********** LISA GILL, CJ: Prayer in this writ appeal is for setting aside order dated 23.07.2025 passed by learned Single Bench whereby writ petition filed by respondent No.1 – writ petitioner has been disposed of, directing respondent Nos.3 & 4 therein to put writ petitioner in possession of land to an extent of Ac.3.00 cents in Sy.No.127/1 of Thimmayapalem Village or any other alternate land equivalent to an extent of Ac.3.00 cents as expeditiously as possible and preferably in six months. 2 HCJ & CGR, J WA_792_2026 2. Present appeal has been filed by appellant who claims that land in Sy.No.127/1 is already in possession and enjoyment of appellant by way of a valid DKT patta. Present appellant, it is stated, was not even arrayed as a party to WP.No.24041 of 2023 despite writ petitioner having knowledge of present appellant’s possession; in WP.No.40569 of 2022 filed by respondent No.1 – writ petitioner, husband of present appellant is arrayed as a party. Leave to file present appeal was granted to appellant vide order dated 08.07.2026. 3. Learned Government Pleader for Revenue submits that in Sy.No.127/1, present appellant is in possession of Ac.1.79 cents and writ petitioner is in possession of Ac.1.95 cents. 4. Perusal of the file as well as written instructions dated 21.07.2026 submitted to learned Government Pleader by Tahsildar, Chejerla Mandal, clearly indicates that complete facts were not placed before learned Single Bench at the time of passing order dated 23.07.2025 and present appellant, though a necessary and proper party, was not even impleaded. 5. In the given factual matrix, impugned order dated 23.07.2025 passed in WP.No.24041 of 2023 is set aside and matter remanded to learned Single Bench for a decision afresh, after considering entire facts and circumstances and after affording an opportunity of hearing to present appellant, who shall stand impleaded as respondent No.5 in said writ petition. 3 HCJ & CGR, J WA_792_2026 Registry to list WP.No.24041 of 2023 before learned Single Bench as per Roster. 6. Writ Appeal is, accordingly, allowed. No costs. Pending application(s) if any stand(s) disposed of accordingly. LISA GILL, CJ CHALLA GUNARANJAN, J 22.07.2026. Vjl Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No