Alladi Venkata Ramana vs The State Of Andhra Pradesh
2023 Latest Caselaw 120 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.499 of 2023

JUDGMENT:-

1.    Heard Sri Itihas Gumma, learned counsel, representing

Ms. Matcha Harika, learned counsel for the petitioners and

learned   Assistant    Government      Pleader   for   Municipal

Administration for the respondent No.1 and Sri Suresh Kumar

Reddy Kalava, learned Standing counsel for the respondent

Nos.2 and 3.

2. From the pleadings in the writ petition as also the

submission advanced by the learned counsel, it is evident that

the petitioners initially filed O.S.No.255 of 2007 in the Court of

Junior Civil Judge, Gajuwaka with respect to the same property

for declaration of title against the respondent No.4 herein,

which suit was dismissed, against which the petitioners filed

Appeal No.38 of 2022 which is said to be pending in the Court

of XIII Additional District Judge Court of Gajuwaka.

3. Learned counsel for the petitioners submits that during

pendency of the appeal, the respondent No.4 has started

unauthorized construction for which the petitioners have

submitted a representation/complaint to the respondent No.3,

upon which no action is being taken by respondent No.3.

4. In view of the admitted fact that the suit with respect to

the same property was dismissed and the appeal against the

decree is pending, this Court is not inclined to entertain the writ

petition to run proceedings parallel to the pending appeal.

5. The writ petition is not the appropriate remedy which is

accordingly dismissed leaving it open to the petitioners to avail

such other remedy as may be available to them under law.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 05.01.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.499 of 2023

Date: 05.01.2023

Scs