Punreddy Sumathi vs Lingampally Venkataiah
2023 Latest Caselaw 1910 Tel

         THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                         AND
             THE HON'BLE SRI JUSTICE T.VINOD KUMAR


                   WRIT APPEAL No.550 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


       Mr. Pulla Rao Yellanki, learned counsel for the

appellant.

       Mr.      M.Raja        Mukund            Das,    learned    Assistant

Government          Pleader        for     Panchayat        Raj    &   Rural

Development Department for respondent Nos.2 and 4.

Mr. P.Kishore Rao, learned Standing Counsel for

respondent No.3.

2. This intra court appeal has been filed against the

order dated 28.04.2023 passed by the learned Single Judge

by which W.P.No.12671 of 2023 preferred by respondent

No.1/writ petitioner has been disposed of by restraining

the respondents therein not to interfere with the

construction activity carried on by respondent No.1/writ

petitioner so long as the said constructions are made in

conformity with the building permission dated 03.11.2021,

which is valid up to 03.11.2023. Learned Single Judge has

further directed that in case any deviation is found by the

official respondents, they shall be at liberty to take

appropriate action in accordance with law.

3. Learned counsel for the appellant submits that

respondent No.1/writ petitioner has obtained building

permission without due process of law. However, it is fairly

submitted by him that the building permission obtained by

respondent No.1/writ petitioner has been assailed by the

appellant in two writ petitions, namely W.P.Nos.12897 and

13909 of 2023.

4. Learned counsel for the appellant, therefore, seeks

leave of this Court to withdraw the writ appeal with the

liberty to the appellant to prosecute the aforesaid writ

petitions, namely W.P.Nos.12897 and 13909 of 2023, filed

by the appellant.

5. Accordingly, the writ appeal is dismissed as

withdrawn with the liberty as prayed for.

Miscellaneous applications pending, if any, shall

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

______________________________________ ALOK ARADHE, CJ

______________________________________ T.VINOD KUMAR, J

01.09.2023 vs