THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.496 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. E.Madan Mohan Rao, learned Senior
Counsel representing Mr. M.Naga Deepak, learned counsel
for the appellants and Mr. Avinash Desai, learned Senior
Counsel representing Mr. Mohammed Omer Farooq,
learned counsel for respondents No.1 to 3/writ petitioners.
We have also heard Ms. Borra Lakshmi Kanakavalli, learned Assistant Government Pleader for Municipal Administration Department representing the official respondents.
2. This writ appeal has been filed against the interim order dated 20.02.2023 passed by the learned Single Judge in W.P.No.1540 of 2023.
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3. The related writ petition came to be filed by respondents No.1 to 3 as the writ petitioners praying for the following relief:
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, more particularly a writ in the nature of mandamus declaring the action of respondent No.2-5, particularly respondent No.2, in not cancelling/revoking the Development Permission granted vide the Final Layout Permit No.000189/LO/P|g/HMDA/2018 dated 17.09.2020 (impugned layout ) issued vide Final Layout Letter No.033240/LT/U6/HMDA/25012020 dated 17.09.2020 issued with respect to the land in Sy.Nos. 839, 840 of Upperpalli - ORRGC village, Shamirpet - ORRGC Mandal, Medchal - Malkajgiri District to an extent of 45,089.05 sq. metres which was obtained by the respondents No.6-8 by committing forgery, fraud and misrepresentation as being arbitrary, unconscionable, unconstitutional and in violation of the HMDA Act, 2008 and consequently direct the respondent No. 2 to cancel/revoke the impugned layout dated 17.09.2020 issued in respect of the land in Sy.Nos, 839, 840 of Upperpalli - ORRGC village, Shamirpet -ORRGC Mandal, Medchal - Malkajgiri District to an extent of 45,089.05 sq. metres.3
4. An interlocutory application was filed to restrain the appellants from making any construction on the subject property. Learned Single Judge vide the order dated 20.02.2023 held as follows:
This Court vide order dated 20.01.2023, while issuing notice before the admission, directed the respondents to file counter affidavit.
Learned Senior Counsel, Mr. Avinash Desai, appearing for the petitioners has contended that the subject land situated in Sy.No.839 & 840, Upeerpally, Hamlet of Shamirpet Village, belongs to his clients and the respondent Nos.6 to 8, by fabricating the documents and by misrepresenting facts before the respondent No.2, have obtained the layout permission vide permit No.0001189/LO/Plg/HMDA/2018, dated l7.09.2020.
Before passing interim orders, this Court to provide an opportunity and to hear the case of respondents directed the learned Counsel for the petitioners to take out personal notice to the contesting respondent Nos.6 to 8. Accordingly, the petitioner has complied with the same by taking personal notice to the respondent Ns.6 to 8 and respondent Nos.7 & 8 received the notices but so far as respondent No.6 is concerned, notice is returned with an endorsement "no such 4 person". This Court is of the prima facie view that the notices have been served on all the respondents.
Learned Counsel appearing for respondent Nos.1 to 5 seeks time to file Counter affidavit.
In the circumstances, there shall be an interim direction to respondent Nos.6 to 8 not to change the nature of the land or create any third party interest and respondent No.4 is directed not to grant any building permission in respect of the subject layout.
Post on 19.04.2023.
5. In the course of the hearing, we have been informed that appellants have filed an application for vacating the aforesaid interim order dated 20.02.2023. Further, the next date of hearing of W.P.No.1540 of 2023 has been fixed as 14.06.2023.
6. That being the position, we request learned Single Judge that the interlocutory application filed by the appellants for vacating the interim order dated 20.02.2023 may be considered on or before 14.06.2023. 5
7. We express no opinion on merit and all contentions are kept open.
8. Writ appeal is accordingly disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 27.04.2023 vs