THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1601 of 2014
DATED:26.12.2014 Between:
Mohd. Mobbasir, R/o. Flat No.2, 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.1601 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
After hearing the learned counsel for the parties, we are of the view that the appeal can be disposed of by the following order, for, the learned trial Judge has not decided all the issues raised by the appellants at the interlocutory stage.
The learned trial Judge has not touched the question of locus of the appellants to challenge the permission granted and the other questions raised. While passing the interim order, the learned trial Judge has not prima facie come to the finding that the permission granted by the municipal authority is lawful in the given facts and circumstances of this case. Unless those findings are reached, no question of granting or refusing to grant interim order. Under the circumstances, we think this matter requires re-hearing by the learned trial Judge. Accordingly, we remit the matter to the learned trial Judge for fresh consideration on the above points.
In the meantime, it would be open for the respondents- owners and/or developers to proceed with the construction at their own risk and peril. But, the same would abide by the result of the fresh order which might be passed by the learned trial Judge. In the process if third party’s right is sought to be created, they must be informed about the pendency of the matter and also about the order passed by us.
We desire that His Lordship shall decide the matter afresh within a period of two months from the date of receipt of a copy of this order, if possible.
The writ appeal is accordingly allowed.
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