Citation : 2025 Latest Caselaw 2425 Tel
Judgement Date : 20 February, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.215 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri K. Durga Prasad, learned counsel for the appellants;
Sri E. Venkata Reddy, learned Government Pleader for Municipal
Administration and Urban Development, for respondent No.1;
Sri Muralidhar Reddy Katram, learned Government Pleader for
Revenue, for respondent Nos.2 and 3; Sri S. Ravinder Reddy
Singireddy, learned counsel for respondent No.4 and Sri P.
Amarender, learned counsel for respondent No.5.
2. Learned counsel for the appellants submits that the
appellants' writ petition was dismissed mainly on the ground of
alleged suppression/misrepresentation of facts. The attention of
this Bench is drawn to the paragraph Nos.27 and 30 of the
impugned order. During the course of hearing, learned counsel
for the appellants submits that the appellants preferred
applications on different dates seeking permission for
commencement of work. One such application is preferred on
30.07.2021 which is evident from approval order dated
13.09.2021 (Annexure-P20). He further submits that in the
online application or application form, there was no column
which makes it obligatory for the appellants to disclose about the
pendency of any litigation and therefore, there was no occasion
for the appellants to furnish the information regarding pendency
of the civil suit.
3. It is seen that the appellants have not filed the aforesaid
online application or application form thereof to enable this
Court to examine whether there existed any requirement or not
regarding the disclosure of pendency of any litigation. If the
appellants' contention is correct, they may file the online
application or application form, which resulted into grant of
approval by order dated 13.09.2021, along with a review
application before the learned Single Judge to buttress their
contention that there is no element of misrepresentation or
suppression of facts. Since the appellants have a remedy of
review and relevant document is not filed before us, we are not
inclined to entertain this Writ Appeal.
4. Accordingly, the Writ Appeal is disposed of. However,
liberty is reserved to the appellants to file a review before the
learned Single Judge. It is made clear that this Court has not
expressed any opinion on the merits of the case. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 20.02.2025 Myk/Tsr
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