M/S Marpu Builders Private ... vs Sneha Arcade Flat Owners Welfare ...
2022 Latest Caselaw 1145 Tel

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

                       WRIT APPEAL No.43 OF 2019

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

        The present writ appeal is arising out of the order dated

12.12.2018          passed        by     the      learned       Single     Judge     in

W.P.No.44970 of 2018.

        The contention of the appellant is that it is a builder of a

building in respect of which the writ petition was filed by Sneha

Arcade Flat Owners' Welfare Association/writ petitioner, without

impleading the builder. It has been stated that an order has

been passed by the learned Single Judge directing the Greater

Hyderabad         Municipal        Corporation          (GHMC)        to   decide   the

representation dated 04.10.2018 in accordance with law.

        This Court has carefully gone through the order passed

by the learned Single Judge and the same reveals that the issue

involved in the writ petition was unauthorised construction

made in the parking area.                    The flat owners did submit a

representation dated 04.10.2018 to the GHMC, as the parking

area was illegally encroached and in those circumstances, the

learned Single Judge has simply directed the Commissioner,

GHMC, to decide the representation dated 04.10.2018 and to

proceed ahead in accordance with law.
                                 2




      This Court, after careful consideration of the order passed

by the learned Single Judge, is of the considered opinion that

the fact whether the parking area has been converted into

residential area/commercial area has to be looked into by the

GHMC and therefore, the GHMC shall be free to pass

appropriate orders, in accordance with law, after hearing all the

parties including the present appellant also and to take

consequential action in the matter within sixty days from today.

The appellant as well as the respondent No.1/writ petitioner

shall appear before the Commissioner, GHMC, on 21.03.2022 at

10:30 AM and the Commissioner shall be free to proceed ahead

in accordance with law.

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

11.03.2022 JSU