THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON’BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.357 of 2025 JUDGMENT (Per the Hon’ble the Acting Chief Justice Sujoy Paul)

Sri K.I. Ahmed, learned counsel represents M/S. Ahmed Law Firm, for the appellant; Sri K. Ajay Kumar, learned counsel for respondent No.1/writ petitioner; Sri E. Venkata Reddy, learned Government Pleader for Municipal Administration and Urban Development Department, for respondent No.2; Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue Department, for respondent No.3 and Sri S.R. Vishnu Murthy, learned counsel represents Sri Putta Krishna Reddy, learned Standing Counsel, for respondent No.4.

2. With the consent, finally heard.

3. Learned counsel for the appellant raised singular contention. He submits that the writ petitioner in W.P.No.5706 of 2025 impleaded the appellant as respondent No.4 but the learned Single Judge, before passing the impugned order, has not put her to notice which is evident from paragraph No.2 of the impugned order dated 25.02.2025. The appellant is a necessary party and ultimate result of the direction issued by the learned Single Judge may be detrimental to her interest. Thus, in all fairness, the appellant should have been put to notice and she has a valuable right to participate in the writ proceedings and oppose the same.

4. Learned counsel for the writ petitioner supported the impugned order.

5. Learned Government Pleader and the learned Standing counsel appearing for the official respondents submit that the dispute is mainly between the private parties.

6. We have heard learned counsel for the parties.

7. We find substantial force in the argument of learned counsel for the appellant that once the appellant has been treated as a necessary parity and impleaded as a party- respondent in the writ petition, in the fitness of things, she should have been put to notice, more so, when ultimate direction given by learned Single Judge may have adverse consequences against her. This is trite that justice must not only be done but it should appear to be done. Following this principle, we deem it by the learned Single Judge.

aside and W.P.No.5706 of 2025 is restored to its original number. The present appellant shall treat this order as a notice for the writ petition. The Registry shall list the writ petition before appropriate Bench on 07.04.2025. Learned Single Judge is requested to rehear the parties and pass a fresh order in accordance with law.

9. With aforesaid and without expressing any opinion on merits of the case, this Writ Appeal is disposed of. No costs.

Interlocutory applications, if any pending, shall also stand closed.

SUJOY PAUL, ACJ RENUKA YARA, J

Date: 28.03.2025

Myk/Tsr