A. Srinivas Goud vs Yeluka Lalitha Alias Alka Lalitha
2021 Latest Caselaw 4721 Tel

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

                               W.A.No.669 of 2021

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



        The present writ appeal is arising out of the order dated

30.07.2021 passed by the learned Single Judge in W.P.No.16126 of

2021.

        The undisputed facts of the case reveal that the present

appellants and respondent No.1/writ petitioner are having serious

property dispute in respect of land bearing Survey No.82/A1/1

situated in Kongarakrudu Village, Maheshwaram Mandal, Ranga

Reddy District. A civil suit i.e., O.S.No.91 of 2019 is also pending

between the parties in the Court of X Junior Civil Judge,

Maheshwaram, Ranga Reddy District. The facts further reveal the

writ petition was preferred by the respondent No.1/writ petitioner

before this Court stating that the Hyderabad Metropolitan

Development Authority (HMDA) is not processing her application

dated 06.05.2021 for grant of lay out and in those circumstances,

the learned Single Judge has passed an order in the writ petition

directing the authorities to pass necessary orders in respect of the

application of respondent No.1/writ petitioner for lay out dated

06.05.2021.

Learned counsel for the appellants has argued before this

Court that the appellants were deliberately not impleaded as

respondents in the writ petition, there is no whisper of the civil suit

pending between the parties, even though a civil suit is pending in

respect of the same property and therefore, as the impugned order

has been passed without hearing the present appellants, the same

deserves to be set aside.

This Court has carefully gone through the documents on

record and the undisputed facts of the case reveal that there is a

civil suit, in respect of the same property, pending between the

parties. In all fairness, once a civil suit is pending, the respondent

No.1/writ petitioner should have impleaded the appellants as

respondents in the writ petition.

Resultantly, the writ appeal is allowed and the impugned

order passed by the learned Single Judge is set side. The learned

Single Judge is requested to hear all the parties and to decide the

matter afresh in accordance with law afresh. Office is directed to

list the writ petition before the learned Single Judge on

28.02.2022.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 31.12.2021 JSU