Gundapuneni Yamunadevi, vs Mohd. Ghouse Khan And 3 Others

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
        THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT APPEAL No.94 of 2020

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present writ appeal is arising out of order dated

18.12.2019 passed in W.P.No.28084 of 2019 by the learned

Single Judge at the admission stage itself.

      The contention of the appellant is that a writ petition

i.e., W.P.No.28084 of 2019 was preferred by respondent Nos.1

and 2 herein with a prayer to restrain Suryapet Municipality from interfering with the construction activity and the writ petition was allowed at motion hearing stage itself directing the respondents therein not to interfere with the construction activity.

The appellant before this Court was not impleaded as one of the respondents and the contention of the appellant is that a civil suit is pending between her and respondent Nos.1 and 2 and an injunction order has also been granted on 22.01.2010 and therefore, the present appellant was deliberately not impleaded as respondent in the writ petition.

The factum of pendency of the civil suit between the appellant and respondent Nos.1 and 2 has not been denied by respondent Nos.1 and 2 before this Court and therefore, in all fairness, respondent Nos.1 and 2 could have impleaded the 2 present appellant in the writ petition, which was also in respect of the same property.

Resultantly, the order passed by the learned Single Judge is thereby set aside. The matter is remanded back to the learned Single Judge with a request to hear the present appellant also in the writ petition and to pass appropriate orders in accordance with law. The parties shall appear before the learned Single Judge on 23.12.2021. It is needless to mention that this Court has not observed anything on merits and all grounds shall be available to the parties before the learned Single Judge. Respondent Nos.1 and 2/writ petitioners are also directed to implead the present appellant as one of the respondents in the writ petition.

With the aforesaid, the writ appeal is allowed. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 09.11.2021 ES