Sada Shankar Dave vs Anil Kumar Pandiya
2021 Latest Caselaw 1150 Tel

Item No.15



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                           L.P.A.No.1 of 2019

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The present appeal has been filed by the appellant (respondent

No.5 in W.P.No.32988 of 2017) being aggrieved by an order dated

24.12.2018, passed by the learned Single Judge in C.C.No.2000 of

2018 filed by the respondent No.1/writ petitioner, praying inter alia

for directions to be issued to the civic authorities to remove the

alleged unauthorised and illegal structures raised by the private

respondents No.4 to 16 in premises bearing No.15-1-652, 15-1-655,

15-1-656 situated at Feelkhana, Hyderabad.

2. By the impugned order, the learned Single Judge has directed

the GHMC to take steps to enforce the order passed by it on

04.06.2016 under Section 636 of the Greater Hyderabad Municipal

Corporation Act, 1955.

3. Mr. Vedula Venkata Ramana, learned Senior Counsel

appearing for the appellant submits that his client was not a party in

the contempt proceedings and the impugned order passed by the

learned Single Judge in the said proceedings is not sustainable, for the

reason that no such directions could have been issued in the contempt

petition, when the writ petition is still pending consideration.

4. Mr. S. Ravi, learned Senior Counsel appearing for the

respondent No.1/writ petitioner fairly concedes that the impugned

order is not sustainable when the writ petition is pending adjudication

and states that the same may be quashed and set aside.

5. In view of the submission made hereinabove, the impugned

order dated 24.12.2018 in C.C.No.2000 of 2018 is quashed and set

aside. As a consequence, the interim order stands vacated. The

present appeal is allowed and disposed of along with the pending

applications, if any, while leaving the parties to pursue their remedies

in the pending writ proceedings.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

07.04.2021 JSU