THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 1398 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. Kiranmayee, learned counsel for the appellant;
Mr. J.Raghava Chary, learned counsel appearing on behalf of
Mr. Rohit Pogula, learned counsel for respondents No.1, 2 and
3/writ petitioners; and Mr. Parsa Ananth Nageshwar Rao, learned Government Pleader attached to the office of the learned Advocate General representing respondents No.4 to 9.
2. Appellant was not a party to the proceedings in W.P.No.8050 of 2012. Therefore, he has filed an interlocutory application being I.A.No.3 of 2018 seeking leave to file the present appeal against the order dated 03.04.2017 passed by the learned Single Judge in the related writ petition. By a separate order passed today, we have allowed the said application and granted leave to the appellant to file the present appeal.
3. The related writ petition was allowed by the learned Single Judge vide the order dated 03.04.2017 by setting aside the letter ::2::
dated 02.08.2011 of the District Collector, Hyderabad in so far it directed Tahsildar, Shaikpet Mandal to erect Government sign boards on the subject land.
4. This order of the learned Single Judge dated 03.04.2017 was challenged by the State in W.A.No.1215 of 2017.
5. In the course of hearing of W.A.No.1215 of 2017, Government of Telangana in the Revenue (Assignment-III) Department through the Chief Secretary has issued memo dated 10.01.2022 which reads as under:
The attention of the Commissioner, Greater Hyderabad Municipal Corporation and the District Collector, Hyderabad is invited to the references cited and they are informed that the Government examined the representations of Smt.V.Chinnaji in the reference 3rd cited, in light of the opinion of the learned Advocate General dated:10.06.2019, 19.11.2019 and 28.11.2020 and the orders of the Hon'ble High Court in various cases in the matter.
2. Government, after careful examination of the matter, has considered the request of the petitioner not to interfere with their peaceful possession over the subject land in Sy.No.327 Paiki (old) and new ::3::
Sy.Nos.602 & 605, correlated to T.S.No.1 to 4, Shaikpet Village & Mandal, Hyderabad District.
3. Accordingly, the Commissioner, Greater Hyderabad Municipal Corporation is requested to release the final layout in favour of M/s.Sakkubai Nagar Mutually Aided Co-operative Housing Society in the subject land, in compliance of the orders of Hon'ble High Court dated:10.04.2019 in W.P.No.11378/2019.
4. The Commissioner, Greater Hyderabad Municipal Corporation and the District Collector, Hyderabad are requested to take further necessary action, in the matter, accordingly.
SOMESH KUMAR CHIEF SECRETARY TO GOVERNMENT
6. Thus, from the above, it is seen that State Government had requested Commissioner of Greater Hyderabad Municipal Corporation (GHMC) to release the final lay out in favour of M/s. S.N. Mutually Aided Co-operative Housing Society Limited in respect of the subject land.
7. In view of issuance of the above memo dated 10.01.2022, learned Special Government Pleader representing the State informed the Court that State would not pursue W.A.No.1215 of 2017. It was on that basis that the said appeal was closed ::4::
without expressing any opinion on merit or otherwise on the memo dated 10.01.2022.
8. Today also, we make it clear that if the appellant is aggrieved by the memo dated 10.01.2022, it would be open to him to avail his legal remedy. We express no opinion on the merit of the memo dated 10.01.2022.
9. In the light of the above, this writ appeal is disposed of as the present appeal arises out of the same order leading to W.A.No.1215 of 2017. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 04.11.2022 LUR