THE HONOURABLE SRI JUSTICE K.LAKSHMAN
AND
THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI
WRIT APPEAL No.348 of 2022
JUDGMENT: (Per Hon'ble Sri Justice K.Lakshman)
Heard Sri G.L.Narasimha Rao, learned counsel for the
appellant; Sri S.Syamsunder Rao, learned counsel for
respondent No.1; learned Government Pleader for Municipal
Administration for respondent Nos.2 & 3; Sri N.Praveen Kumar, learned Standing Counsel for respondent No.4; and learned Government Pleader for Home for respondent Nos.5 & 6.
2. Having dissatisfied and aggrieved by the order dated 11.04.2022 in W.P.No.13589 of 2022, the appellant herein preferred the present writ appeal under Clause 15 of Letter Patent.
3. The appellant herein is 4th respondent in the writ petition. The 1st respondent herein had filed the above said writ petition questioning the action of respondent Nos.1 to 3 2 KL, J & PMD, J W.A.No.348 of 2022 therein in not preventing the illegal and unauthorized construction of temple building being made by respondent No.4 therein in the premises of Plot No.54 Part, Singaipally Village, Thumukunta Municipality, Shamirpet Mandal, Medchal-Malkajgiri District as illegal.
4. This Court vide order dated 11.04.2022, at the admission stage, disposed of the writ petition directing the respondents to pass appropriate orders on the representation of the petitioner dated 08.01.2021, in accordance with law, within a period of four (04) weeks and in this regard, for execution of the same, if any police assistance is required, respondent No.6 shall take appropriate steps in providing the help as required by the respondent Corporation. The appellant herein is aggrieved by second limb of the order under appeal.
5. As stated above, to the extent of consideration of representation of the petitioner dated 08.01.2021 by the respondents, the appellant is not having any grievance. He is aggrieved by the second limb of the order. Admittedly, he was not heard while disposing of W.P.No.13589 of 2022.
3 KL, J & PMD, J
W.A.No.348 of 2022
6. In view of the same, on the said short ground, without going into the merits of the case, the order under appeal is set aside and the matter is remitted back to the learned Single Judge for fresh consideration. Liberty is granted to the 1st respondent to make a mention for expeditious hearing of the said writ petition on 06.06.2022.
7. Accordingly, the Writ Appeal is allowed. There shall be no order as to costs.
8. Miscellaneous petitions, if any, pending in this Writ Appeal, shall stand closed.
_________________________ K.LAKSHMAN, J ________________________ P.MADHAVI DEVI, J Date: 26.05.2022 KL/SVL