Thota Narsimulu vs Mallam Narsimulu And 7 Others
2022 Latest Caselaw 6234 Tel

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

     THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                 WRIT APPEAL No.773 of 2022


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


      Heard Mr. L.Bhargava Krishna, learned counsel for the

appellant;    Mr.      D.Satyanarayana,       learned    counsel   for

respondent No.1/writ petitioner; Mr. Nazir Ahmed Khan,

learned Government Pleader for Panchayat Raj and Rural

Development Department for respondent Nos.2 to 6; and

Mr. R.Chandra Shekhar Reddy, learned Standing Counsel for

respondent Nos.7 & 8.

2. This appeal is directed against the order dated

08.09.2022 passed by the learned Single Judge in I.A.No.1 of

2022 in W.P.No.35189 of 2022 filed by the 1st respondent as

the writ petitioner.

3. 1st respondent has filed the related writ petition

alleging inaction on the part of respondent Nos.4 to 8 in 2 HCJ & CVBRJ W.A.No.773 of 2022

allowing alleged unauthorized construction by the appellant

in the premises bearing H.No.16-51, situated at Bibipet

Village and Mandal in Kamareddy District. An interlocutory

application being I.A.No.1 of 2022 was filed seeking interim

direction to the official respondents to stop the construction

work made by the appellant.

4. On 08.09.2022, the following order was passed by

the learned Single Judge:

"Notice before admission.

Learned counsel for the petitioner is directed to take out personal notice to respondent No.8 by Registered Post with Acknowledgment Due and file proof of service in the Registry.

Sri M. Ram Gopal Rao, the learned Standing Counsel, on instructions, has stated that no building permission has been granted to the respondent No.8.

Having regard to the above made submission, the respondent No.6-Gram Panchayat is directed to stop the construction being made by the respondent No.8 in the subject property.

                                 3                     HCJ & CVBRJ
                                                 W.A.No.773 of 2022

Print the name of Sri M. Ram Gopal Rao, the learned Standing Counsel, and post on 21.09.2022."

5. Learned counsel for the appellant submits that

learned Single Judge had passed interim direction to stop

construction made by the appellant without hearing the

appellant. Appellant had sought for building permission but

no decision was taken thereon within the prescribed period.

Therefore, appellant had proceeded on the basis of deemed

permission as contemplated under the statute.

6. On going through the order dated 08.09.2022 as

extracted above, we find that the related writ petition is still

pending before the learned Single Judge and only an interim

direction was issued to the Gram Panchayat to stop the

construction made by the appellant on the subject property.

It is open to the appellant to ventilate his grievance and urge

all available grounds before the learned Single Judge, which

would be considered by the learned Single Judge on their own

merit. We do not find the present to be a fit case where we 4 HCJ & CVBRJ W.A.No.773 of 2022

should entertain the appeal against an interlocutory order

passed by the learned Single Judge in a pending writ petition.

7. Giving liberty to the appellant as such, Writ

Appeal is dismissed. However, there shall be no order as to

costs.

8. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

__________________________ UJJAL BHUYAN, CJ

___________________________ C.V.BHASKAR REDDY, J

Date: 29.11.2022 KL