M/S. Ekta Gateway Towers Llp vs A.S.N. Raju And 6Others
2022 Latest Caselaw 3739 Tel

   THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                   AND

  THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

                 WRIT APPEAL No.452 of 2022


JUDGMENT:      (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. E.Ajay Reddy, learned Senior Counsel

representing Mr. K.Ravi Mahender, learned counsel for the

appellant and Mr. C.V.Mohan Reddy, learned Senior Counsel

for respondent Nos.1, 2 & 3/writ petitioners.

2. This writ appeal is directed against order dated

05.07.2022 passed by the learned Single Judge in

W.P.No.28110 of 2021.

3. The said writ petition has been filed by respondent

Nos.1, 2 & 3 herein as the writ petitioners to restrain the 5th

respondent (appellant herein) from making construction on

the subject land by encroaching upon the grid road which is

alleged to be in contravention of the zonal development plan

and master plan of the Hyderabad Metropolitan Development

Authority.

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                                                       W.A.No.452 of 2022

4. Order dated 05.07.2022 reads as under:

"This Court by order dated 16.06.2022 has directed the HMDA to remove the encroachments, if any, on the grid road within two weeks from the date of receipt of a copy of the order and further directed to be listed the matter on 01.07.2022 and by that time, the respondent HMDA is directed to file action taken report before this Court.

Sri Y.Rama ltao, learned Standing Counsel, seeks time to file a report before this Court. He submits that as per the report available with him, there is no encroachment on the grid road.

Sri P. Balaji Varma, learned counsel for the petitioners, submits that HMDA have not inspected the site and they have not taken the measurements and there is clear encroachment on the grid road. Unless a survey is conducted, the true facts will not come to light.

In view of the facts and circumstances, the 4th respondent-Tahasildar is directed to conduct a survey, after issuing notice to the petitioners as well as respondent Nos.2, 3 and 5, and submit a report before this Court by the next date of hearing. The petitioners and respondent No.5 shall also produce necessary documents before the 4th respondent for the purpose of conducting survey on the grid road.

List on 15.07.2022."

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                                             W.A.No.452 of 2022

5. On going through the aforesaid order, we find that

the same has been passed by way of an interim measure to

obtain a survey report.

6. According to learned counsel for the appellant,

Tahsildar is not at all competent to carry out such survey.

That apart, he submits that by embarking upon the exercise

as discernible from the order dated 05.07.2022, the scope of

the writ petition is being enlarged.

7. However, the same is disputed by learned Senior

Counsel for respondent Nos.1, 2 & 3 by contending that by

ordering a survey, no substantive right of the appellant has

been infringed. The same has been ordered to assist the

Court in passing the final order.

8. Without expressing any opinion on merit, we are of

the view that at the interlocutory stage, the appellate Court

should not intervene in the matter, when a final decision is

yet to be rendered by the learned Single Judge.

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                                               W.A.No.452 of 2022

9. That being the position, we are not inclined to

entertain the appeal.

10. Writ Appeal is accordingly dismissed. However,

there shall be no order as to costs.

11. As a sequel, miscellaneous applications pending, if

any, in the Writ Appeal, shall stand closed.

_________________________ UJJAL BHUYAN, CJ

_________________________ SUREPALLI NANDA, J Date: 15.07.2022 KL