IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.35574 of 2014 BETWEEN Reliance Complex Apartments Flat Owners Association AND ... PETITIONER The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner-Association complains of unauthorized shop being allegedly put up by respondent No.4 in the cellar area of its association. Complaining against the same, petitioner’s association gave two representations to the Corporation, dated 20.08.2014 and 22.09.2014. Alleging inaction against Greater Hyderabad Municipal Corporation, this writ petition is filed.
3. Mr. Radha Krishna Murthy, learned Standing Counsel appearing for GHMC, states that the Corporation has already given notice to respondent No.4, dated 17.09.2014 calling upon him to submit ownership documents and municipal sanction plan, if any, for verification. However, respondent No.4 thereupon approached VI Junior Civil Judge’s Court, Hyderabad by filing a suit viz., O.S.No.1685 of 2014 and obtained interim injunction against GHMC in I.A.No.573 of 2014. Learned Standing Counsel further states that counter affidavit in the injunction petition as well as the written statement are already filed by GHMC in the said suit.
4. In view of that, it cannot be said that the GHMC has not taken any appropriate action since the civil suit is pending.
Petitioner-association is at liberty to get itself impleaded in the said suit, if it is aggrieved thereby.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 24, 2014 LMV