Mrs Rayeesa Begum vs Prl.Secretary Revenue And 6 ...
2021 Latest Caselaw 1534 Tel

Item No.25
       THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                          AND
       THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          W.A.No.529 OF 2017

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    On the last date of hearing, this court had expressed serious

concern about private parties filing injunctive suits before the trial courts

where ex parte ad interim orders were being granted staying the hands of

the civic authorities from demolishing the unauthorised constructions

raised and even after the civic authorities were bringing to the notice of

the concerned courts that the construction raised was illegal, no steps

were being taken to vacate the interim orders. Noting that the present

case was a prime case where the mother of the respondent No.7 had filed

an injunctive suit against the GHMC wherein, interim order was granted

on 10.08.2017 and the said application had continued to remain pending,

it was deemed appropriate to direct that the said interim application be

listed before the trial court on 16.04.2021, heard and disposed of in

accordance with law at the earliest. It was also directed that the order

that may be passed by the trial court in the suit instituted by the mother

of the respondent No.7, be placed on record by learned counsel for the

respondent No.4/GHMC.

2. Today, Mr.Adnan, learned counsel for the respondent No.7

informs this court that the injunctive suit instituted by the mother of the

respondent No.7 was withdrawn within ten days of the order passed by

this court on 12.04.2021. The plea taken is that the said suit had outlived

its relevance in view of the fact that the construction work had already

been completed in the property in question and thereafter, a demolition

notice was issued by the GHMC in respect of the construction raised on

the subject premises, on 01.05.2021. Learned counsel says that the said

notice to show cause has been challenged by the mother of the

respondent No.7 by filing a writ petition registered as W.P.No.12309 of

2021 wherein, an interim order has been granted in favour of the writ

petitioner in the first week of June, 2021. We are informed that the next

date of hearing in the said writ petition is 08.06.2021.

3. It is stated by learned counsel for the respondent No.7 that in view

of the subsequent developments, nothing survives further in the present

appeal wherein, the appellant had raised a grievance against the order

dated 15.03.2017, passed by the learned Single Judge dismissing a writ

petition filed by her for declaring the action of the GHMC in failing to

act on a complaint of illegal encroachment/unauthorised construction

carried out by the private respondent No.7 on the subject land.

4. In view of the subsequent developments as recorded above,

nothing further survives for adjudication in the present appeal, which is

disposed of along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J 02.06.2021 Lrkm/pln