THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.509 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. P.V.S.K.Chakravarthy, learned counsel for
the appellant; Mr. T.Srikanth Reddy, learned Government
Pleader for Revenue representing respondents No.1, 2
and 5; Mr. M.Raja Mukund Das, learned Assistant Government Pleader for Panchayat Raj & Rural Development Department appearing for respondents No.3 and 4; Mr. P.Kishore Rao, learned Standing Counsel for respondent No.6; Mr. Md. Abdul Mateen Qureshi, learned Assistant Government Pleader for Home representing respondents No.7 and 8; and Mr. B.Mahender Reddy, learned counsel for respondent No.9.
2. This appeal is directed against the order dated 11.04.2023 passed by the learned Single Judge in I.A.No.2 of 2022 in W.P.No.24049 of 2022 filed by the appellant as the writ petitioner.
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3. Appellant had filed the related writ petition seeking a direction to the official respondents to stop the alleged illegal construction by respondent No.9 in respect of house site bearing House No.3-1-230 (new) and 3-1-157 (old) in the year 1992 and 3-1-109 (old) in the year 1987 situated at Vidyanagar Colony, Chunchupally Mandal, Bhadradri Kothagudem District.
4. An interlocutory application has been filed, being I.A.No.1 of 2022, for stay. Learned Single Judge vide the order dated 18.07.2022 passed the following order:
Learned counsel appearing on behalf of the respondent No.9 seeks time for filing counter.
Post on 04.08.2022.
A perusal of the counter filed by the learned Standing Counsel shows that the respondent No.9 is making construction without having any building permission. That in spite of the directions issued by the official respondents for stopping the construction, the respondent No.9 is going ahead with the construction.
Having regard to the above, the respondent No.9 is restrained from making any further construction.3
Pending further orders, the Gram Panchayat is directed to seal the building in question and file a report along with the photographs by the next date of hearing.
5. It appears, respondent No.9 had filed an interlocutory application for modification of the aforesaid order which was registered as I.A.No.2 of 2022. Learned Single Judge passed the following order on 11.04.2023:
Interim order dated 18.07.2022 is modified by allowing the petitioner herein to complete the internal works and she shall not raise any constructions over the subject property and whatever constructions carried out by him on the subject property is subject to outcome of the writ petition.
Post on 27.06.2023
6. From the above, we find that learned Single Judge has modified the earlier order dated 18.07.2022 by allowing respondent No.9 to complete the internal works, but restraining her from making any further constructions over the subject property. That apart, learned Single Judge has made it clear that whatever constructions have been carried out by respondent No.9 on the subject land 4 would be subject to the outcome of the writ petition. The writ petition has been posted for further consideration on 27.06.2023.
7. Since the order dated 11.04.2023 is an interlocutory order making the same subject to outcome of the writ petition while fixing the writ petition for further consideration on 27.06.2023, we are not inclined to entertain the writ appeal and start a parallel proceeding. It is open for the parties to make their respective submissions before the learned Single Judge.
8. Subject to the above, writ appeal is dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 28.04.2023 vs