HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.19666 of 2007
Date: June 06, 2014
Between:
1. M/s. Standard Tools and Equipment, Rep. by its Director Alok Agarwal, Hyderabad and another.
… Petitioners And 1. The Greater Municipal Corporation of Hyderabad, Hyderabad, rep. by its Commissioner & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.19666 of 2007
O R D E R:
The writ petition was filed challenging the show cause notice issued under Section 452 of the Hyderabad Municipal Corporation Act, 1955, on 24.05.2007 to the 2nd respondent.
2. The first petitioner purchased a portion of the ground floor admeasuring 1100 sqare feet under registered sale deed dated 17.01.1996 and also purchased another extent in the first floor with the plinth area of 1450 square yards (square feet) in premises bearing M.C.H.No.8-2-618/2/A/3 under registered sale deed dated 02.05.1997. The 2nd petitioner also purchased 1200 square feet in the rear portion of the ground floor under registered sale deed dated 09.08.1990. Now, the learned counsel for the petitioners states that after filing of the writ petition, the petitioners sold their properties in favour of third party and the said third party has not come on record.
3. The counter-affidavit filed by the GHMC discloses that there was no response from the 2nd respondent to the show cause notice dated 24.05.2007 issued to her, but one L.Deepak Reddy submitted explanation stating that he purchased the third floor portion and filed O.S.No.2396 of 2007 on the file of IV Junior Civil Judge, City Civil Court, Hyderabad, and obtained injunction. The first respondent states that they have been pursuing the case and subject to the outcome of the said case, they will take further action in accordance with law.
4. In view of the above facts, the learned counsel for the petitioners states that so far as petitioners are concerned, no cause of action survives and the writ petition has become infructuous. However, liberty is given to the purchaser to approach this Court if he is aggrieved otherwise.
5. Subject to the above observation the writ petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 06, 2014 BSB
32 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.19666 of 2007
Date: June 06, 2014
BSB