Smt.Sudha Kimthee vs G. Jaipal Reddy
2023 Latest Caselaw 2663 Tel

       THE HON'BLE SRI JUSTICE P.SAM KOSHY
                        AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
                  W.A. No.882 of 2023
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)

      Heard Mr. V.S.R.M.V.Prasad Sanaka, learned counsel appearing

  for the appellant, B.L.Kanakavalli, learned Assistant Government

  Pleader for Municipal Administration and Urban Development i.e.,

  respondent No.2. Perused the material on record.

2. The present writ appeal has been filed assailing the order dated

15.06.2023 passed in W.P.No.14881 of 2023. The writ petition was

filed by the petitioner alleging certain illegal construction said to have

been made by respondent Nos.4 and 5. The present Writ Appeal has

been filed by the 5th respondent in the said writ petition. The Court

while disposing of the writ petition at the admission stage has made the

following observations:

In that view of the matter, without going into the merits of the case, the respondents No.2 and 3 are directed to consider the representation dated 20.04.2023 addressed to the 2nd respondent and dated 14.10.2022 and 23.09.2012 addressed to the 3rd respondent stated to have made by the petitioner, and after putting notice to all the concerned parties, pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of copy of this order and communicate the same to the petitioner.

3. A bare perusal of the operative part of the order would clearly

indicate that the writ petition was disposed of in the light of the

submissions made by the counsel appearing for the Hyderabad

Metropolitan Development Authority and also for the Shamshabad

Municipalities. The two counsels had assured that any representation

or objection that the writ petitioner has filed, the same shall be duly

considered. The Writ Court while disposing of the writ petition had

made a categorical observation that the 3rd respondent if it initiates

any proceedings, shall proceed after putting notice to all the concerned

parties and only thereafter pass appropriate orders, in accordance with

law.

4. This observation by the learned Single Judge would clearly give an

indication that the writ court as such has not decided upon any issue,

rather has disposed of the writ petition leaving it for the respondent

Nos.2 and 3 to take appropriate decision, in accordance with law.

Nonetheless, in the course of taking the decision, the authorities

concerned are expected to give a reasonable and fair opportunity of

hearing after notices are issued to all the concerned or affected parties

if any.

5. The appellant if at all falls within the directions given by the Writ

Court, it goes without saying that the authorities are required to issue

notice to the appellant herein before passing of any appropriate orders,

in respect of the illegal construction alleged to have been made by the

appellant who is the respondent No.5 in the writ petition. We do not

find any illegality or perversity in the order passed by the learned

Single Judge while disposing of the writ petition, nor do we find the

impugned order to be adverse to the interest of the appellant herein.

6. The Writ Appeal, therefore, fails and is accordingly rejected. It is

however made clear that, in the event, if any action is proposed or

undertaken by respondents No.3 and 4 in the present appeal, the

appellant herein would have her legal rights protected to avail the same

in accordance with law. No order as to costs.

7. As a sequel, miscellaneous applications pending if any in this writ

appeal, shall stand closed.

_________________ P.SAM KOSHY, J

________________________________ LAXMI NARAYANA ALISHETTY, J

23.09.2023 AQS/HFM

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA

WA No.882 of 2023 (per the Hon'ble Sri Justice P.SAM KOSHY)

23.09.2023 AQS/HFM