THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1585 of 2014
DATED:26.12.2014 Between:
B. Rama Mohana Rao, R/o. Flat No.44, Magnum Plaza Apartments, Erramanzil, Hyderabad and others. And State of Telangana, Represented by its Principal Secretary, Municipal Administration Department Hyderabad and others.
… Appellants ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1585 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ appeal arises out of the writ petition, which was filed by the appellants-writ petitioners seeking the following reliefs:
“To issue a writ, order or direction particularly one in the nature of writ of Mandamus declaring that the respondent Nos. 4 to 6 have no right to make any construction much less an apartment complex at the property "Magnum Plaza Apartment" H.No. 6-3-252/3, Erramanzil, Hyderabad besides declaring the inaction on the part of the respondent Nos. 1 to 3 as illegal and ultra vires to the provisions of the Articles 14 and 300-A of the Constitution of India, besides directing the respondent Nos.1 and 2 to stop the construction forthwith and pass such other order or orders.”
It is an admitted position that during the pendency of the writ petition, the Municipal Corporation has taken action rightly or wrongly pursuant to the complaint made by the appellants. Order has been passed by the Municipal Corporation, which is not really satisfying the mind of the appellants. Since action has been taken by the Municipal Corporation by passing the order, nothing remains in the writ petition.
We are informed that subsequent writ petition has been filed by the appellants challenging the order passed by the Municipal Corporation with regard to the construction of the building. We think that that writ petition may be proceeded in accordance with law. Consequently, nothing remains in the writ appeal. So, this writ appeal is closed accordingly.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 26th December, 2014 Pnb SANJAY KUMAR, J