THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.1016 of 2023
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. J. Prabhakar, learned Senior Counsel appears for
Mr. Y. Yugender Reddy, learned counsel for the appellant.
Mr. S. Abhay Kumar Sagar, learned Standing Counsel
appears for respondent No.2 - Bandlaguda Jagir Municipal
Corporation, Gandipet Mandal, Ranga Reddy District, on
advance notice.
2. With the consent of the parties, the matter is heard
finally.
3. This intra court appeal has been filed against an order
dated 11.10.2023 passed by the learned Single Judge by which
Writ Petition No.28332 of 2023 preferred by the appellant has
been disposed of.
4. Facts
giving rise for filing of this appeal briefly stated are that the appellant is in possession of houses bearing CJ & NVSK, J 2 W.A.No.1016 of 2023 No.6-5-100/1, 6-5-100/2, 6-5-100/3, 6-5-100/4 and 6-5-100/5 over plot bearing Nos.100/1, 100/2, 100/3, 100/4 and 100/5 respectively, in C-Block, in Survey Nos.96/2 and 96/3, situate at Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy District. The appellant approached this Court by filing Writ Petition No.28332 of 2023 inter alia on the ground that he is sought to be dispossessed from the property in his occupation without any authority of law. By an order dated 11.10.2023, learned Single Judge has disposed of aforesaid Writ Petition. Learned Single Judge has declined to interfere with the matter inter alia on the ground that the aforesaid Writ Petition has been filed on the basis of mere apprehension. Learned Single Judge has subsequently observed that in the event the respondents initiate any action and the appellant is aggrieved, the appellant shall be at liberty to approach this Court.
In the aforesaid factual background, this appeal has been filed.
5. Learned Senior Counsel for the appellant submits that on 11.10.2023, the order was passed by the learned Single Judge.
CJ & NVSK, J 3 W.A.No.1016 of 2023 However, on the same day, a notice was issued to the appellant, by which, he was directed to submit an explanation along with documents. It is also pointed out that the aforesaid notice could not be brought to the notice of the learned Single Judge. It is therefore submitted that the respondent Corporation be directed to consider the reply which has been submitted by the appellant on 13.10.2023 and thereafter, proceed with the matter in accordance with law.
6. Learned Standing Counsel appearing for the respondent Corporation submits that the explanation submitted by the appellant shall be considered and thereafter, the Corporation shall proceed with the matter in accordance with law.
7. In view of aforesaid submissions and in the facts of the case, it is directed that the respondent Corporation shall consider the explanation submitted by the appellant on 13.10.2023 and thereafter, the Corporation shall proceed to deal with the matter in accordance with law.
CJ & NVSK, J 4 W.A.No.1016 of 2023
8. Needless to state that this Court has not expressed any opinion on the merits of the claim of the parties and it is open for the parties to take recourse to such remedies as may be available to them in law.
9. To the aforesaid extent, the order dated 11.10.2023 passed by the learned Single Judge in Writ Petition No.28332 of 2023 is modified.
10. Accordingly, the appeal is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J 17th OCTOBER, 2023.
kvni/myk