THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8916 OF 2004 DATED 26TH AUGUST, 2014 Between:
Sri Manoj Kumar and others … Petitioners and State of Andhra Pradesh represented by the Collector, Hyderabad District, Hyderabad and another … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8916 OF 2004 O R D E R This writ petition was filed assailing the action of the State authorities in interfering with and preventing the petitioners from taking up constructions in their respective plots in accordance with valid Municipal permits in Sy. No.74/9 of East Marredpally, Mahendra Hills, Secunderabad. By order dated 11-05-2004, this Court injuncted the respondents from interfering with the petitioners’ right to construct in their respective plots as per the sanctioned plans. It was however made clear that any further constructions would be subject to the outcome of the miscellaneous petition.
Admittedly, the land in this survey number was claimed by the State, but the Land Grabbing Case in LGC No.167 of 1997 filed by the State was dismissed by the Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. Aggrieved thereby, the State filed a writ petition before this Court and the same is still pending.
In that view of the matter, as the petitioners have already been permitted to make constructions in their respective plots in accordance with the sanctioned plans obtained by them from the Municipal authority, the writ petition is disposed of making it clear that the constructions made by the petitioners in the subject plots would abide by the result of the writ petition filed by the State against the judgment in L.G.C. No.167 of 1997. Needless to state, in the event the State succeeds in the said writ petition, it would not be open to the petitioners herein to claim any equities in respect of the constructions made by them. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J 26th AUGUST, 2014
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