Gundapuneni Yamunadevi, vs Mohd. Ghouse Khan And 3 Others
2021 Latest Caselaw 3311 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
        THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT APPEAL No.94 of 2020

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




      The present writ appeal is arising out of order dated

18.12.2019 passed in W.P.No.28084 of 2019 by the learned

Single Judge at the admission stage itself.

      The contention of the appellant is that a writ petition

i.e., W.P.No.28084 of 2019 was preferred by respondent Nos.1

and 2 herein with a prayer to restrain Suryapet Municipality

from interfering with the construction activity and the writ

petition was allowed at motion hearing stage itself directing

the respondents therein not to interfere with the construction

activity.

The appellant before this Court was not impleaded as

one of the respondents and the contention of the appellant is

that a civil suit is pending between her and respondent Nos.1

and 2 and an injunction order has also been granted on

22.01.2010 and therefore, the present appellant was

deliberately not impleaded as respondent in the writ petition.

The factum of pendency of the civil suit between the

appellant and respondent Nos.1 and 2 has not been denied by

respondent Nos.1 and 2 before this Court and therefore, in all

fairness, respondent Nos.1 and 2 could have impleaded the

present appellant in the writ petition, which was also in

respect of the same property.

Resultantly, the order passed by the learned Single

Judge is thereby set aside. The matter is remanded back to

the learned Single Judge with a request to hear the present

appellant also in the writ petition and to pass appropriate

orders in accordance with law. The parties shall appear

before the learned Single Judge on 23.12.2021. It is needless

to mention that this Court has not observed anything on

merits and all grounds shall be available to the parties before

the learned Single Judge. Respondent Nos.1 and 2/writ

petitioners are also directed to implead the present appellant

as one of the respondents in the writ petition.

With the aforesaid, the writ appeal is allowed.

Miscellaneous petitions, if any, pending in this writ

appeal shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

09.11.2021 ES