THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT APPEAL No.549 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Pulla Rao Yellanki, learned counsel for the
appellant.
Mr. M.Raja Mukund Das, learned Assistant
Government Pleader for Panchayat Raj & Rural
Development Department for respondent Nos.2 and 4.
Mr. P.Kishore Rao, learned Standing Counsel for respondent No.3.
2. This intra court appeal has been filed against the order dated 28.04.2023 passed by the learned Single Judge by which W.P.No.12656 of 2023 preferred by respondent No.1/writ petitioner has been disposed of by restraining the respondents therein not to interfere with the construction activity carried on by respondent No.1/writ petitioner so long as the said constructions are made in conformity with the building permission dated 03.11.2021, 2 which is valid up to 03.11.2023. Learned Single Judge has further directed that in case any deviation is found by the official respondents, they shall be at liberty to take appropriate action in accordance with law.
3. Learned counsel for the appellant submits that respondent No.1/writ petitioner has obtained building permission without due process of law. However, it is fairly submitted by him that the building permission obtained by respondent No.1/writ petitioner has been assailed by the appellant in two writ petitions, namely W.P.Nos.12897 and 13909 of 2023.
4. Learned counsel for the appellant, therefore, seeks leave of this Court to withdraw the writ appeal with the liberty to the appellant to prosecute the aforesaid writ petitions, namely W.P.Nos.12897 and 13909 of 2023, filed by the appellant.
5. Accordingly, the writ appeal is dismissed as withdrawn with the liberty as prayed for. 3
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ T.VINOD KUMAR, J 01.09.2023 vs