Sri Piliki Annavaram Vs Piliki Lakshamana Reddy

HON'BLE SRI JUSTICE RAMESH RANGANATHAN

CIVIL REVISION PETITION No.5706 of 2010

ORDER:

Heard Sri Bellamkonda Ravindranath, Learned Counsel for the petitioners and Sri R. Kameswar Rao, Learned Counsel for the respondent and, at their request, the Civil Revision Petition is disposed of at the stage of admission.

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This Civil Revision Petition is filed by the respondentdefendant in I.A. No.4 of 2010 in O.S. No.119 of 1998 before the Special Assistant Agent to Government, Bhadrachalam. The Special Assistant Agent, by order dated 09.04.2010, initiated criminal action against the petitioner herein for disobedience of its order in C.M.A. No.9 of 2010 dated 31.03.2002 whereby the petitioner was ordered not to transfer/alienate the appeal schedule property till disposal of the appeal.

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Sri Bellamkonda Ravindranath, Learned Counsel for the petitioner, would submit that the said order was passed without putting the petitioner on notice and without giving him an opportunity of being heard.

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Sri R. Kameswar Rao, Learned Counsel for the respondent, would submit that there is a remedy of an appeal against the order of the Special Assistant Agent. Learned Counsel does not, however, dispute that the said order was passed without the petitioner being put on notice, and without giving him an opportunity of being heard. I consider it appropriate, therefore, to set aside the order under revision and direct the Special Assistant Agent to put the petitioner on notice, give him an opportunity of

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being heard and, thereafter, pass orders afresh in I.A. No.4 of 2010 in O.S. No.119 of 1998 in accordance with law. The said I.A. shall be disposed of by the Court below within a period of four weeks from the date of receipt of a copy of this order.

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RAMESH RANGANATHAN,J

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Date: 11.03.2011 MRKR

Sri Piliki Annavaram v. Piliki Lakshamana Reddy

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Sri Piliki Annavaram v. Piliki Lakshamana Reddy

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