Item No.15
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
L.P.A.No.1 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal has been filed by the appellant (respondent
No.5 in W.P.No.32988 of 2017) being aggrieved by an order dated 24.12.2018, passed by the learned Single Judge in C.C.No.2000 of 2018 filed by the respondent No.1/writ petitioner, praying inter alia for directions to be issued to the civic authorities to remove the alleged unauthorised and illegal structures raised by the private respondents No.4 to 16 in premises bearing No.15-1-652, 15-1-655, 15-1-656 situated at Feelkhana, Hyderabad.
2. By the impugned order, the learned Single Judge has directed the GHMC to take steps to enforce the order passed by it on 04.06.2016 under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955.
3. Mr. Vedula Venkata Ramana, learned Senior Counsel appearing for the appellant submits that his client was not a party in the contempt proceedings and the impugned order passed by the learned Single Judge in the said proceedings is not sustainable, for the L.P.A.No.1 of 2019 Page 1 of 2 reason that no such directions could have been issued in the contempt petition, when the writ petition is still pending consideration.
4. Mr. S. Ravi, learned Senior Counsel appearing for the respondent No.1/writ petitioner fairly concedes that the impugned order is not sustainable when the writ petition is pending adjudication and states that the same may be quashed and set aside.
5. In view of the submission made hereinabove, the impugned order dated 24.12.2018 in C.C.No.2000 of 2018 is quashed and set aside. As a consequence, the interim order stands vacated. The present appeal is allowed and disposed of along with the pending applications, if any, while leaving the parties to pursue their remedies in the pending writ proceedings.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 07.04.2021 JSU L.P.A.No.1 of 2019 Page 2 of 2