IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1523 of 2013 Date: 16.04.2014 Between:
K. Madhusudhana Rao … Appellant And Greater Hyderabad Municipal Corporation, Rep., by the Commissioner, Hyderabad & others.
… 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. 1523 of 2013 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This Writ Appeal has been preferred against the order dated 05.08.2013 passed by a learned Single Judge in W.V.M.P. No.2249 of 2013 in W.P.M.P. No.25097 of 2013 in W.P. No. 20467 of 2013.
We have heard Mr. Y.Ratnakar, learned counsel appearing for the appellant and Mr. C.Tulasi Krishna, learned counsel appearing for the third respondent, and gone through the impugned judgment and order of the learned Single Judge.
We are of the view that after considering the prima facie case and balance of convenience, the learned Single Judge rightly vacated the interim order granted on 15.07.2013 in W.P.M.P. No.25097 of 2013, with a direction that all constructions made by the third respondent therein will abide by the result of the Writ Petition. We cannot substitute or deviate with the discretion exercised by the learned Single Judge. It appears the exercise of discretion by the learned Single Judge is not absurd. In the circumstances, without admitting the appeal, we clarify as follows:
The terms ‘abide by the result of the Writ Petition’ in the impugned order, mean in the event the appellant/writ petitioner succeeds before the learned Single Judge, the constructions, which may be made consequent upon vacating the interim order, have to be pulled down. We request the learned Single Judge to dispose of the Writ Petition as early as possible. The matter may be mentioned before the learned Single Judge for early hearing of the matter.
Accordingly, the writ appeal is disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this appeal shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 16.04.2014 ES