Sri.E.Kiran Kumar vs Hyderabad Metropolitan ...
2022 Latest Caselaw 100 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                                W.A.No.534 of 2021

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


        The present writ appeal is arising out of the order dated

22.07.2021 passed by the learned Single Judge in W.P.No.1729 of

2020.

        The undisputed facts of the case reveal that the appellants

before this Court have filed the writ petition alleging that

respondent Nos.1 to 4 were not taking any action in respect of

unauthorised construction being made by respondent Nos.5 and 6

over the land, admeasuring 11,253 square yards, in Survey

Nos.66A and 66AA situated at Waddakpally Village, Sultanpur

Mandal, Medak District. The learned Single Judge has dismissed

the writ petition on the ground that there is a civil dispute pending

between the parties i.e., O.S.No.288 of 2019 on the file of the

learned XV Additional District Judge, Ranga Reddy District.

The aforesaid fact is not disputed.

Today, the learned counsel appearing for respondent Nos.5

and 6 is fair enough in stating before this Court that the

respondent Nos.5 and 6 will not carry out any construction over

the subject land, in absence of any sanctioned building plan. It has

also been stated that Hyderabad Metropolitan Development

Authority (HMDA) has granted permission on 15.07.2021 and now,

permission is required to be granted by the Ameenpur

Municipality.

Therefore, the Ameenpur Municipality shall be free to pass

appropriate order in accordance with law. So far as the issue of

partition is concerned, this Court has not expressed any opinion

on merits. It is made clear that without grant of any building

permission, no construction shall be carried on by respondent

Nos.5 and 6 over the subject land.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

07.01.2022 JSU