Syed Akbar Hussain, Hyderabad vs S Y J Shopping Mall Welfare Soc., ...
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 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                     WRIT APPEAL No.1704 OF 2017

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

        The present writ appeal is arising out of the order dated

05.09.2017           passed       by     the      learned       Single   Judge    in

W.P.No.29962 of 2017.

         The facts of the case              reveal that the writ petition was

preferred       by    the     respondent         No.1      in    the   present   writ

appeal/Sajid Yar Jung Shopping Mall Welfare Society, stating

that large number of illegal constructions have taken place in

the common space, parking space, driveway and footpath of

Sajid Yar Jung Shopping Mall and in those circumstances, the

learned Single Judge has simply directed the Greater Hyderabad

Municipal Corporation (GHMC) to consider the representation

preferred by the writ petitioner.

Learned counsel for the appellant has argued before this

Court that the appellant is a necessary party in the matter.

Therefore, this Court is of the considered opinion that the

GHMC, before taking action in the matter, shall also issue a

notice to the writ appellant and shall be free to pass appropriate

orders in accordance with law for removal of encroachment, if

any, in the common space, parking space, driveway and foot

path of the Sajid Yar Jung Shopping Mall, Pathargatti,

Hyderabad. The exercise of issuing notice to the appellant as

well as to the writ petitioner be concluded within a period of

thirty days from today and the GHMC shall pass appropriate

orders and take consequential action in the matter within a

period of thirty days thereafter.

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

29.03.2022 JSU