S.H.Kishan Lal And 4 Others vs State Of Telangana And 4 Others
2021 Latest Caselaw 2324 Tel

Item No.11
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                          W.A.No.349 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The appellants/writ petitioners are aggrieved by the order dated

08.07.2021 passed by the learned Single Judge in W.P.No.13646 of

2021 praying inter alia for declaring the action of the respondent

No.3/GHMC of issuing proceedings dated 31.05.2021 as arbitrary and

illegal.

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

of the writ petition holding that there are serious disputed questions of

title between the appellants/writ petitioners and the respondents

No.4 and 5 who are related to each other and that the parties can

approach a civil court for seeking adjudication of their right, title and

interest over the subject property. It has also been observed that

merely because the respondent No.3/GHMC has granted building

permission in favour of the respondents No.4 and 5, it cannot take

away the aforesaid right of the parties for seeking civil adjudication.

3. Learned counsel for the appellants/writ petitioners states that

even if the parties approach the civil court for adjudication of the

right, title and interest of the parties in the property in question, there

is likelihood of their facing adverse orders in the light of specific

observations made by the respondent No.3/GHMC in the impugned

proceedings dated 31.05.2021, which is a fourteen page order

wherein, only the submissions of the parties have been extracted

without returning any finding on any of them.

4. We are of the opinion that the interest of the parties can be

adequately safeguarded, if it is clarified that the submissions of the

parties recorded in the order passed by the respondent No.3/GHMC

are only in the context of granting building permission to the

respondents No.4 and 5 and none of the observations made therein

will be an impediment for the parties to seek their civil remedies

against each other in respect of the subject property, including an

adjudication of their right, title and interest thereon.

5. Both the parties are agreeable that if the aforesaid clarification

is given, their interest would be adequately safeguarded.

6. Accordingly, the present appeal is disposed of along with the

pending applications, if any, while making it clear that if either party

approaches the civil court, if not already approached, for adjudication

of their right, title and interest over the subject property, the impugned

order passed by the respondent No.3/GHMC shall not be treated as a

finding on the merits of their case. The concerned court will be at

liberty to take a view in the matter, uninfluenced by the observations

made in the proceedings dated 31.05.2021.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 10.08.2021 JSU