Mohammed Nyder And 5 Others vs The State Of Telangana And 7 Others
2021 Latest Caselaw 4508 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.27 of 2021

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

16.12.2020

passed in W.P.No.24138 of 2019 by the learned

Single Judge.

The facts of the case reveal that a writ petition was

preferred by the present appellants being aggrieved by the

alleged unauthorised construction of a celler in a

neighbouring building. The writ petition was disposed of by

order dated 16.12.2020 by the learned Single Judge on the

instructions of the learned Standing counsel for the Greater

Hyderabad Municipal Corporation that no illegal construction

is being done and only modifications are being done in the

building. Being aggrieved by the aforesaid order, the present

writ appeal is preferred by the appellants/writ petitioners and

this Court appointed Court Commissioners in the matter.

A joint report dated 05.08.2021 has been submitted by

the Court Commissioners, K. Sagarika and V. Siddhartha

Goud which reflects that there is certainly some construction.

It is an admitted fact that the writ petition was disposed

of at motion hearing stage itself without there being any reply

on behalf of the Greater Hyderabad Municipal Corporation

and therefore, in the light of the report submitted by the

Court Commissioners, the matter deserves to be heard on

merits by the learned Single Judge.

Resultantly, the order dated 16.12.2020 passed in

W.P.No.24138 of 2019 is hereby set aside and the writ appeal

is disposed of with a request to the learned Single Judge to

decide the matter on merits after taking into consideration

the reply filed by all the parties. Learned Single Judge shall

be free to look into the report submitted by the Court

Commissioners also while deciding the matter. Parties shall

appear before the learned Single Judge on 27.12.2021. Office

is directed to list the writ petition before the learned Single

Judge on 27.12.2021.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 20.12.2021 ES