HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1078 of 2014 Date: 08.08.2014 Between:
Mrs. Gullapalli Uma Rani … Appellant And Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Hyderabad & othrs.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1078 of 2014 JUDGMENT: (Per the Hon’ble Sri Justice Sanjay Kumar) The unsuccessful petitioner in W.P.No.30013 of 2013 is in appeal against the dismissal of the said writ petition by a learned Single Judge under order dated 23.07.2014. By the said order, the learned Judge left it open to the petitioner to avail her remedy before the civil court of competent jurisdiction.
Sri Vedula Venkataramana, learned senior counsel, appearing for the appellant/writ petitioner, contends that there are no disputed questions of fact involved in the matter requiring that his client be relegated to the civil court. He contends that the layout of 1972 relied upon by the Greater Hyderabad Municipal Corporation (for short, “GHMC”) is not an approved layout and therefore, the contention of the GHMC basing upon the layout of 1972 cannot be accepted. He however fairly concedes that the petitioner did not raise the issue of approval of the layout of 1972 in her reply filed to the counter of the GHMC.
In that view of the matter, the issue as to whether the layout of 1972 was an approved layout or not is a question of fact, which needs to be established on evidence. It is for the petitioner to take steps in this regard before the appropriate forum and such an exercise cannot be undertaken by this Court in exercise of its writ jurisdiction under Article 226 of the Constitution.
We therefore see no reason to interfere with the order passed by the learned Single Judge. The writ appeal is devoid of merit and the same is accordingly dismissed.
Pending miscellaneous petitions, if any, shall stand dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 08.08.2014 ES