Sri.E.Kiran Kumar And Another vs Hyderabad Metropolitan ...
2021 Latest Caselaw 2183 Tel

          THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

                   WRIT PETITION No.1729 of 2020

ORDER:

Heard learned counsel for the petitioners and learned

Government Pleader.

2 It is the case of the petitioners that when the unofficial

respondents are making unauthorized construction, the petitioners

approached the official respondents and represented the matter.

Since the same was not considered, this present writ petition is

filed.

2. On perusal of the affidavit, the petitioners and the vendors of

the unofficial respondents are co-parcenors and some of the family

members are alienated the property in favour of the unofficial

respondents and the unofficial respondents being the vendee

proceeded with the construction. There is also a civil dispute i.e.

O.S.No.288 of 2019 on the file of XV Additional District Judge,

Ranga Reddy District. The petitioners instead of perusing the said

O.S. before the civil Court, they involved the Grampanchayat and

HMDA and approached this Court under Article 226 of the

Constitution of India. This matter is purely a civil in nature and

the petitioners are having appropriate remedy before the civil

Court.

3. Learned counsel for the petitioners relied on the judgments

of the Apex Court in U.Gopala Krishna Murthy v State of

Telangana, rep. by its Principal Secretary (Municipal

Administration) and others1 and Hari Krishna Mandi Trust v

1 2019 SCC ONLINE TS 1730

State of Maharashtra and others2. The above two citations are

not relevant to the present case as the 1st judgment is decided on

the interlocutory applications and the 2nd judgment do not co-

relate to the present facts of the case.

4. In view of the opinion taken by this Court in W.P.No.10140

of 2020 that the petitioner is having effective remedy before the

competent Civil Court, this writ petition is also dismissed.

However, the petitioners are at liberty to avail remedies under law

before the appropriate civil Court. There shall be no order as to

costs.

Pending miscellaneous petitions, if any, shall stand closed

__________________________ T. AMARNATH GOUD, J.

Date: 22-07-2021.

kvrm

2 (2020) 9 SCC 356 = 2020 SCC online SC 631