THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1487 of 2014
DATED:02.12.2014 Between:
Mahajan (Taka), Latchaiah, Metpally Village and Mandal, Karimnagar District.
… Appellant And The State of Telangana, Represented by its Principal Secretary to the Government, Municipal Administration & Urban Development Department, Hyderabad and others.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1487 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have hard the learned counsel for the appellant-writ petitioner, who is present and he submits that he does not want to press the appeal and even he does not want to press the writ petition, though it was dismissed. He further submits that the better course of action for the appellant would be to go before the Civil Court and file a comprehensive suit.
In view of this concession made by the learned counsel for the appellant, we dismiss the writ appeal and give liberty to the appellant-writ petitioner to approach the appropriate Civil Court in accordance with law. Under the circumstances, the findings and other observations made by the learned Single Judge will not be binding on the Civil Court. We direct the 2nd respondent- Municipality to stay away for a period of two weeks from date.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 2nd December, 2014 Pnb