Citation : 2023 Latest Caselaw 3461 Tel
Judgement Date : 31 October, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Appeal No.419 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Mr. R.Ranganathan, learned counsel for the appellant;
Mr. Pasham Krishna Reddy, learned Government Pleader for
Municipal Administration and Urban Development Department
for respondent No.1; Ms. Rajasri, learned counsel representing
Mr. M.Ram Mohan Reddy, learned Standing Counsel for
respondent No.2- Toopran Municipality; and Mr. Md.Abdul
Mateen Qureshi, learned Assistant Government Pleader for Home
representing respondent No.5.
2. With the consent of the parties, the matter is heard finally.
3. This intra court appeal is filed against the order
dated 17.02.2023, passed by a learned Single Judge, by which writ
petition viz., W.P.No.2921 of 2023 has been closed.
4. The facts giving rise to filing of this appeal briefly stated are
that the appellant-Association had submitted a representation ::2::
dated 06.01.2023 to the Municipal Commissioner, Toopran. The
aforesaid representation failed to evoke any response. Thereupon,
the appellant filed the aforesaid writ petition.
5. The aforesaid writ petition was disposed of in view of
submission made on behalf of respondent No.2- Toopran
Municipality that representation of the appellant has been
considered and the members of the appellant-Association have
been allotted shops in the newly constructed vegetable market.
6. However, the aforesaid aspect of the matter has been
disputed by the learned counsel for the appellant.
7. The representation dated 06.01.2023, submitted by the
appellant-Association has been decided by respondent No.2 by an
order dated 16.10.2023. Therefore, the Writ Appeal is disposed of
with liberty to the appellant-Association to challenge the order
dated 16.10.2023, in accordance with law. No costs.
8. In the meanwhile, for a period of two weeks, status quo as it
exists today shall be maintained by the parties.
::3::
9. It is made clear that this Court has not expressed any opinion
with regard to the merits of the claim of the parties.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
__________________ ALOK ARADHE, CJ
_______________________ N.V.SHRAVAN KUMAR, J Date: 31.10.2023 LUR
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