Item No.11
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.349 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants/writ petitioners are aggrieved by the order dated
08.07.2021 passed by the learned Single Judge in W.P.No.13646 of
2021 praying inter alia for declaring the action of the respondent
No.3/GHMC of issuing proceedings dated 31.05.2021 as arbitrary and illegal.
2. By the impugned order, the learned Single Judge has disposed of the writ petition holding that there are serious disputed questions of title between the appellants/writ petitioners and the respondents No.4 and 5 who are related to each other and that the parties can approach a civil court for seeking adjudication of their right, title and interest over the subject property. It has also been observed that merely because the respondent No.3/GHMC has granted building permission in favour of the respondents No.4 and 5, it cannot take away the aforesaid right of the parties for seeking civil adjudication.
3. Learned counsel for the appellants/writ petitioners states that even if the parties approach the civil court for adjudication of the right, title and interest of the parties in the property in question, there is likelihood of their facing adverse orders in the light of specific observations made by the respondent No.3/GHMC in the impugned proceedings dated 31.05.2021, which is a fourteen page order W.A.No.349 of 2021 Page 1 of 2 wherein, only the submissions of the parties have been extracted without returning any finding on any of them.
4. We are of the opinion that the interest of the parties can be adequately safeguarded, if it is clarified that the submissions of the parties recorded in the order passed by the respondent No.3/GHMC are only in the context of granting building permission to the respondents No.4 and 5 and none of the observations made therein will be an impediment for the parties to seek their civil remedies against each other in respect of the subject property, including an adjudication of their right, title and interest thereon.
5. Both the parties are agreeable that if the aforesaid clarification is given, their interest would be adequately safeguarded.
6. Accordingly, the present appeal is disposed of along with the pending applications, if any, while making it clear that if either party approaches the civil court, if not already approached, for adjudication of their right, title and interest over the subject property, the impugned order passed by the respondent No.3/GHMC shall not be treated as a finding on the merits of their case. The concerned court will be at liberty to take a view in the matter, uninfluenced by the observations made in the proceedings dated 31.05.2021.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 10.08.2021 JSU W.A.No.349 of 2021 Page 2 of 2