Citation : 2022 Latest Caselaw 1623 Tel
Judgement Date : 30 March, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.1926 OF 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
21.11.2017 passed by the learned Single Judge in
W.P.No.39170 of 2017.
The facts of the case reveal that the writ petitioners came
up before the learned Single Judge with a prayer that they had
made an application dated 28.01.2015 in terms of
G.O.Ms.No.59 dated 30.12.2014 and in spite of the fact that
they are fulfilling all the terms and conditions of G.O.Ms.No.59
dated 30.12.2014, their application is not being decided by the
authorities. The learned Single Judge while disposing of the
writ petition has simply directed the authorities under
G.O.Ms.No.59 dated 30.12.2014 to consider the petitioners'
application for regularisation dated 28.01.2015 and to pass
appropriate order within two months and the revenue
authorities and the GHMC have been directed not to interfere
with the possession and enjoyment of the writ petitioners of the
subject property. The present writ appeal has been filed by M/s.
Ayodhyanagar Mutually Aided Co-operative Housing Society
2
Limited and its contention is that it has been deliberately not
impleaded as a respondent in the writ petition and it also has a
right to be heard in the matter, in case a final order is passed in
the matter.
Resultantly, without adverting to the merits of the case,
the writ appeal stands disposed of with a direction to the
authorities to grant an opportunity of hearing to the present
appellant also while passing a final order in terms of
G.O.Ms.No.59 dated 30.12.2014 in respect of the writ
petitioners' application dated 28.01.2015. The exercise of
passing final order be concluded within a period of three
months from the date of receipt of a certified copy of this order.
The interim order granted by this Court shall continue till a
final order is passed by the authorities.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________ SATISH CHANDRA SHARMA, CJ
_______________________ ABHINAND KUMAR SHAVILI, J
30.03.2022 JSU
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