Sri Divyaeshwer Swami Shiv Mandir vs Gade Kanaka Maha Lakshmi
2022 Latest Caselaw 2308 Tel

       THE HONOURABLE SRI JUSTICE K.LAKSHMAN

                             AND

  THE HONOURABLE SMT. JUSTICE P.MADHAVI DEVI

                 WRIT APPEAL No.348 of 2022

JUDGMENT: (Per Hon'ble Sri Justice K.Lakshman)


       Heard Sri G.L.Narasimha Rao, learned counsel for the

appellant; Sri S.Syamsunder Rao, learned counsel for

respondent No.1; learned Government Pleader for Municipal

Administration for respondent Nos.2 & 3; Sri N.Praveen

Kumar, learned Standing Counsel for respondent No.4; and

learned Government Pleader for Home for respondent Nos.5

& 6.

2. Having dissatisfied and aggrieved by the order

dated 11.04.2022 in W.P.No.13589 of 2022, the appellant

herein preferred the present writ appeal under Clause 15 of

Letter Patent.

3. The appellant herein is 4th respondent in the writ

petition. The 1st respondent herein had filed the above said

writ petition questioning the action of respondent Nos.1 to 3 2 KL, J & PMD, J W.A.No.348 of 2022

therein in not preventing the illegal and unauthorized

construction of temple building being made by respondent

No.4 therein in the premises of Plot No.54 Part, Singaipally

Village, Thumukunta Municipality, Shamirpet Mandal,

Medchal-Malkajgiri District as illegal.

4. This Court vide order dated 11.04.2022, at the

admission stage, disposed of the writ petition directing the

respondents to pass appropriate orders on the representation

of the petitioner dated 08.01.2021, in accordance with law,

within a period of four (04) weeks and in this regard, for

execution of the same, if any police assistance is required,

respondent No.6 shall take appropriate steps in providing the

help as required by the respondent Corporation. The

appellant herein is aggrieved by second limb of the order

under appeal.

5. As stated above, to the extent of consideration of

representation of the petitioner dated 08.01.2021 by the

respondents, the appellant is not having any grievance. He

is aggrieved by the second limb of the order. Admittedly, he

was not heard while disposing of W.P.No.13589 of 2022.

                                  3                  KL, J & PMD, J
                                                 W.A.No.348 of 2022

6. In view of the same, on the said short ground,

without going into the merits of the case, the order under

appeal is set aside and the matter is remitted back to the

learned Single Judge for fresh consideration. Liberty is

granted to the 1st respondent to make a mention for

expeditious hearing of the said writ petition on 06.06.2022.

7. Accordingly, the Writ Appeal is allowed. There

shall be no order as to costs.

8. Miscellaneous petitions, if any, pending in this

Writ Appeal, shall stand closed.

_________________________ K.LAKSHMAN, J

________________________ P.MADHAVI DEVI, J Date: 26.05.2022 KL/SVL