HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.27049 & 27696 of 2014 Date : 5-12-2014 Between:
S. Fahimunnisa Begum ..
Petitioner And The Andhra Pradesh Industrial Infrastructure Corporation, represented by its Managing Director, Hyderabad and others .. Respondents Counsel for petitioner : Dr. Sofia Begum Counsel for respondent Nos.1 to 3 : Sri P. Roy Reddy, Standing Counsel Counsel for respondent Nos.4 & 5 : Assistant Government Pleader for Industries & Commerce Counsel for respondent No.6 : None appeared The Court made the following :
ORDER:
The petitioner in both these Writ Petitions is common. She has filed W.P.No.27049 of 2014 for a mandamus to declare the action of the respondents in threatening to demolish the structures in Plot Nos.4 and 5 of Industrial Park, Madanapalle, Chittoor District, without following the due procedure contemplated under law and despite pendency of O.S.No.171 of 2013 on the file of the learned Senior Civil Judge, Madanapalle as illegal and arbitrary.
W.P.No.27696 of 2014 is filed for a mandamus to set- aside order in letter No.9656/ZO/TPT/MDPL/2012/9501 dated 29-1-2013 of respondent No.3 and final allotment order dated 10-1-2014 in respect of the above mentioned plot Nos.4 and 5 made in favour of respondent No.6.
I have heard Dr. Sofia Begum, learned counsel for the petitioner and Sri P. Roy Reddy, learned Standing Counsel for the A.P. Industrial Infrastructure Corporation Limited.
At the hearing, it is not disputed that the subject matter of these Writ Petitions is also the subject matter of O.S.No.171 of 2013 filed by the petitioner in these Writ Petitions against the official respondents wherein she has sought for permanent injunction restraining them from interfering with her peaceful possession of the property. In my opinion, the appropriate course for the petitioner is to claim comprehensive reliefs by seeking amendment of the prayers in the suit as several issues of fact which are in dispute need to be adjudicated based on oral and documentary evidence. In this view of the matter, without adjudicating the Writ Petitions on merits, both these Writ Petitions are disposed of with liberty to the petitioner to claim the reliefs claimed in these Writ Petitions in the pending civil suit. In order to protect the interests of the petitioner till appropriate application for interim relief is filed, interim order dated 19-9-2014 granted in W.P.No.27049 of 2014 shall be continued for six weeks.
As a sequel to the disposal of the Writ Petitions, WPMP No.33820 and WVMP No.3430 of 2014 in W.P.No.27049 of 2014 and WPMP No.34684 of 2014 in W.P.No.27696 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 5-12-2014 AM