M/S Venkata Praneeth Developers ... vs A Hemanth Kumar And 123 Others
2023 Latest Caselaw 1328 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                  AND

        THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.351 of 2023


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


       Heard Mr. M.V.Pratap Kumar, learned counsel for the

appellant; Mr. Vedula Srinivas, learned Senior Counsel

representing Ms. Vedula Chitralekha, learned counsel for

respondent Nos.1 to 121/writ petitioners; Ms. Borra

Lakshmi Kanakavalli, learned Assistant Government

Pleader for Municipal Administration and Urban

Development for respondent No.122; Mr. V.Narasimha

Goud, learned Standing Counsel for Hyderabad

Metropolitan Development Authority for respondent

No.123; and Mr. B.Jagan Madhav Rao, learned Standing

Counsel for respondent No.124.

2. This writ appeal is directed against the order

dated 20.02.2023 passed by the learned Single Judge in

I.A.No.1 of 2023 in W.P.No.4773 of 2023.

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3. Respondent Nos.1 to 121 had preferred the

related writ petition assailing the letter dated 21.10.2022

issued by the Hyderabad Metropolitan Development

Authority (HMDA) and addressed to the appellant.

4. By the aforesaid letter, building permission

granted earlier has been revised on the request of the

appellant.

5. Learned Single Judge on 20.02.2023 passed the

following order:

"Learned counsel appearing for the petitioners submits that the petitioners have purchased flats in the subject property after satisfying the conditions imposed in the tentative layout as well as final layout. The present writ petition is filed questioning the letter dated 21.10.2022 issued by the 2nd respondent in favour of the 4th respondent.

Sri V.Narasimha Goud, learned Standing Counsel appearing for the 2nd respondent would submit the impugned letter is issued on 21.10.2022 and the present writ petition is filed on 15.02.2023.

Sri Jagan Madhava Rao, learned Standing Counsel takes notice for the 3rd respondent and seeks time to file counter affidavit.

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                                                  W.A.No.351 of 2023

Issue notice to the 4th respondent.

List on 03.04.2023.

There shall be interim suspension till then. Meanwhile, the 2nd respondent is directed to file counter affidavit."

6. From the above, we find that it is an interim

order passed by the learned Single Judge. While issuing

notice to the appellant, learned Single Judge has fixed the

matter on 03.04.2023 and has suspended the impugned

letter till 03.04.2023. In the meanwhile, HMDA has also

been directed to file counter affidavit.

7. Learned counsel for the appellant submits that

respondent Nos.1 to 121/writ petitioners had entered into

agreements with the appellant regarding the construction.

Contentions made in the writ petition are contrary to the

agreements entered into by the writ petitioners with the

appellant. That apart, writ petitioners did not avail the

statutory remedy as provided under Section 31 of the Real

Estate (Regulation and Development Act), 2016.

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                                              W.A.No.351 of 2023

8. Be that as it may, since the aforesaid order is in

the nature of an interlocutory one and that too till

03.04.2023, we are of the view that appellant should

appear before the learned Single Judge and contest the

matter. It is open to the appellant to persuade the learned

Single Judge that the interim suspension granted should

not be extended beyond 03.04.2023.

9. Without expressing any opinion on merit, we

are of the view that against the aforesaid interim order, the

writ appeal should not be entertained.

10. Subject to the above, Writ Appeal is dismissed.

However, there shall be no order as to costs.

11. As a sequel, miscellaneous applications

pending, if any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

_______________________ N.TUKARAMJI, J Date: 20.03.2023 KL