HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.38992 of 2022

ORDER

Heard Sri G. Madhusudhan Reddy, learned counsel appearing for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.5 to 7.

3. In compliance with the order, dated 20.10.2024, learned counsel appearing for the petitioner has filed proof of service vide Memo U.S.R No.68752 of 2024, dated 24.07.2024 along with postal covers returned unserved with the following endorsement:

The notice sent to respondent No.5 was returned with an postal endorsement “party residing at Hyderabad, returned to sender”. In respect of respondent No.7, the notice was returned with an postal endorsement “no such person in this addressee, hence, returned to sender”. In respect of respondent No.6, the notice sent unserved.

Sending notice to the party to the address available is sufficient in terms of Section 27 of the General clauses Act.

4. Petitioner filed the present writ petition challenging the order passed by respondent No.2 in case No.A2/39/2017 dated 05.02.2021. According to the petitioner, the said order was passed without putting the petitioner on notice and affording him an opportunity. The same is in violation of the principles of natural justice and also the order passed by a Division Bench of this Court in W.P.(PIL)No.20 of 2021 dated 18.03.2021. Vide aforesaid order dated 18.03.2021, a Division Bench of this Court directed all the Special Tribunals to reopen the matters suo moto, putting the parties on notice and on hearing on them pass appropriate orders in accordance with law. Division Bench also directed the Government to give wide publicity of the said order. The impugned order dated 05.02.2021 was passed by respondent No.2 without putting the petitioner on notice and affording him an opportunity. The same is in violation of the principles of natural justice and order dated 18.03.2021 in W.P.(PIL)No.20 of 2021. Therefore, without going into the merits and demerits of the case, only on the said ground, the impugned order dated 05.02.2021 in File No.A/39/2017 passed by respondent No.2 is set aside. The matter is remand back to respondent No.2 with a direction to decide the appeal filed by the petitioner under Section 5 (5) of the ROR Act, 1971 by putting the petitioner, respondent Nos.5 to 7 on notice and affording them an opportunity. The appeal is dated 22.12.2016. Therefore, respondent No.2 is directed to dispose it of in accordance with law, as expeditiously as possible, preferably, within a period of three (3)

months from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

__________________ K. LAKSHMAN, J September 19, 2024 SSM/PN