THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.17609 of 2006 Between:
1. D. Gouri Shankar (died per LRs) and others PETITIONERS AND
1. The Deputy Registrar (Housing) Exhibition Grounds, Nampally, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed, questioning the order of the 1st respondent passed in proceedings RC.No.202/92-B, dated 26.07.2000, as confirmed by the Cooperative Tribunal, Hyderabad vide orders CTA Nos.274 to 283 of 2003 dated 27.04.2006 as arbitrary and illegal.
2. Heard Sri Nandigama Krishna Rao, learned counsel for the petitioners and Sri A. Jeevan Kumar, learned counsel for the 3rd respondent-Society.
3. A counter affidavit is filed by the 3rd respondent stating that all the cases between the petitioners and his client ended in settlement amicably and the society has received Rs.1,65,00,000/- as settlement amount and no dispute whatsoever is pending in respect of the subject land as of now.
4. This Court, while admitting the writ petition on 25.08.2006, passed interim orders, directing petitioners 1, 3 and 4 herein to deposit half of the surcharge amount.
5. There is no dispute that the said amount is deposited in the Cooperative Tribunal and the same is lying in the Tribunal. It is requested by the learned counsel for the petitioners that the petitioners herein may be permitted to withdraw the amount deposited by them before the Tribunal pursuant to the interim orders of this Court, and the learned counsel for the 3rd respondent has expressed no objection for issuing such direction.
6. For the aforesaid reasons and having regard to the settlement already arrived at between the parties, this writ petition is disposed of and the petitioners are permitted to withdraw the amount deposited by them before the Cooperative Tribunal pursuant to the interim orders granted by this Court in W.P.M.P.No.22079 of 2006 dated 25.08.2006. There shall be no order as to costs. As a sequel, W.P.M.Ps., if any shall stand closed.
JUSTICE A.V. SESHA SAI.
28th April, 2014 Js.