THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.133 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Mehboob Ali, learned counsel for the
appellant; Mr. Pramod Singh, learned counsel for
respondent No.1; and Mr. Pasham Krishna Reddy, learned
Government Pleader for Municipal Administration & Urban Development Department for respondent No.2.
2. This writ appeal is directed against the interim order dated 05.01.2023 passed by the learned Single Judge in W.P.No.421 of 2023 filed by respondent No.1 as the writ petitioner.
3. Respondent No.1 had filed the related writ petition questioning the legality and validity of the order dated 13.12.2022 passed by the Deputy Commissioner, Circle No.1, Kapra, Greater Hyderabad Municipal Corporation, Hyderabad, for demolition of the shed of the function hall. 2 An interlocutory application was also filed for stay of the order dated 13.12.2022.
4. Learned Single Judge by order dated 05.01.2023 had issued notice before admission while permitting learned counsel for respondent No.1 to take out personal notice upon the appellant, who is the objector. Posting the matter on 09.02.2023, learned Single Judge directed that in the meanwhile, status quo as on 05.01.2023 should be maintained.
5. From the above, we find that order dated 05.01.2023 is an interlocutory order, that too till 09.02.2023 when the writ petition is directed to be next posted. If the appellant is aggrieved by the aforesaid interim order, it is open to him to file necessary application for vacation of the order dated 05.01.2023.
6. At this stage, learned counsel for the appellant submits that such an application has already been filed. 3
7. If that be so, we see no good reason to entertain the writ appeal. It is open to the parties to make a request to the learned Single Judge to expedite the hearing.
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 31.01.2023 vs