S.Kiran Kumar vs 786 Garden Function Hall
2023 Latest Caselaw 498 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.133 of 2023

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


       Heard Mr. M.Mehboob Ali, learned counsel for the

appellant;       Mr.     Pramod        Singh,       learned   counsel   for

respondent No.1; and Mr. Pasham Krishna Reddy, learned

Government Pleader for Municipal Administration & Urban

Development Department for respondent No.2.

2. This writ appeal is directed against the interim order

dated 05.01.2023 passed by the learned Single Judge in

W.P.No.421 of 2023 filed by respondent No.1 as the writ

petitioner.

3. Respondent No.1 had filed the related writ petition

questioning the legality and validity of the order dated

13.12.2022 passed by the Deputy Commissioner, Circle

No.1, Kapra, Greater Hyderabad Municipal Corporation,

Hyderabad, for demolition of the shed of the function hall.

An interlocutory application was also filed for stay of the

order dated 13.12.2022.

4. Learned Single Judge by order dated 05.01.2023 had

issued notice before admission while permitting learned

counsel for respondent No.1 to take out personal notice

upon the appellant, who is the objector. Posting the matter

on 09.02.2023, learned Single Judge directed that in the

meanwhile, status quo as on 05.01.2023 should be

maintained.

5. From the above, we find that order dated 05.01.2023

is an interlocutory order, that too till 09.02.2023 when the

writ petition is directed to be next posted. If the appellant

is aggrieved by the aforesaid interim order, it is open to

him to file necessary application for vacation of the order

dated 05.01.2023.

6. At this stage, learned counsel for the appellant

submits that such an application has already been filed.

7. If that be so, we see no good reason to entertain the

writ appeal. It is open to the parties to make a request to

the learned Single Judge to expedite the hearing.

8. Subject to the above, writ appeal is dismissed.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 31.01.2023 vs