Nsvr Murthy vs The State Of Telangana
2021 Latest Caselaw 4641 Tel

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

                   W.A.Nos.668 and 670 of 2021

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


        Regard being had to the controversy involved in the aforesaid

cases, they were heard together and are being decided by a

common order.

        The facts of W.A.No.670 of 2021 are reproduced as under:-

        The appellant/writ petitioner has preferred a writ petition

i.e.,   W.P.No.20368    of      2020         challenging            the       notice     dated

06.11.2020     issued   under           Section          254       of     the       Telangana

Municipalities Act, 2019. The appellant/writ petitioner has stated

before the learned Single Judge that the notice was issued to a

dead person as well as 24 other family members and as it was

issued to a dead person, the notice itself be quashed. The learned

Single Judge has decided the matter and has directed the

Commissioner, Manikonda Municipality, respondent No.3 in the

present writ appeal, to take into account the reply filed by the

appellant/writ petitioner and to pass a final order.

Learned counsel for the appellant has argued before this

Court that the Municipal Corporation has already demolished the

wall, which was the subject matter of the notice, and now, a suit

i.e., O.S.No.144 of 2021 is pending between the parties. His

contention is that the findings arrived at by the learned Single

Judge are going to adversely effect the interests of the parties and

therefore, the present writ appeals be disposed of with a direction

to the trial Court to decide the suit on the basis of the evidence

adduced by the parties.

After hearing the learned counsel for the parties, the present

writ appeals are disposed of, with the consent of the parties, with a

direction to the trial Court to decide O.S.No.144 of 2021 on the

basis of the evidence adduced by the parties in accordance with

law. It is made clear that the findings arrived at by the learned

Single Judge will not come in the way of the trial Court while

deciding the suit.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 28.12.2021 JSU