K.Srinivas vs Shashikanth Agarwal And 5 Others
2021 Latest Caselaw 3007 Tel

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

                           W.A.No.523 of 2021
JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present writ appeal has been filed against the order

dated 06.04.2021 passed in W.P.No.11723 of 2019.

      The facts of the case reveal that a writ petition was preferred

by respondent Nos.1, 2 and 3 being aggrieved by the cancellation

of building permission. Learned Single Judge has allowed the writ

petition. The Notice dated 17.05.2019 has been quashed and

respondent Nos.1, 2 and 3 have been directed to proceed ahead

with the construction.

Learned counsel appearing for the appellant has argued

before this court that as per the sanctioned lay out, the area in

question, over which building permission was granted earlier, is an

open space and it was the present appellant who has submitted a

complaint before the Greater Hyderabad Municipal Corporation

and upon his complaint only the action was initiated. He has

stated in all fairness that the present appellant should have been

impleaded in the writ petition. However, as he was not impleaded

as a respondent in the writ petition, the learned Single Judge, in

the absence of a sanctioned lay out plan, has allowed the writ

petition.

Undisputedly, whether the area in question is an open space

or is a sanctioned plot in the lay out has not been considered by

the learned Single Judge and therefore the matter is remanded

back to the learned Single Judge to decide afresh, that too after

hearing the present appellant. It is needless to mention that the

Greater Hyderabad Municipal Corporation shall also file all

relevant documents, including the lay out in respect of the area in

question, enabling the learned Single Judge to decide the lis on

merits. The parties are directed to appear before the learned

Single Judge on 09.11.2021. Till the matter is decided by the

learned Single Judge, no construction activity shall take place over

the land, which is the subject matter of the dispute. The learned

Single Judge is requested to decide the matter as expeditiously as

possible, preferably within a period of thirty days.

With the aforesaid, the writ appeal stands disposed of.

The miscellaneous applications pending in this writ appeal,

if any, shall stand closed.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 26.10.2021 Note: Issue C.C. in two days JSU