Citation : 2025 Latest Caselaw 3492 Tel
Judgement Date : 27 March, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.194 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri M. Durga Prasad, learned counsel for the appellant;
Sri Muralidhar Reddy Katram, learned Government Pleader for
Revenue Department, for respondent Nos.1, 2 and 5; Ms. Shazia
Parveen, learned Government Pleader for Panchayat Raj and
Rural Development, for respondent No.3; Sri Pradeep Reddy
Katta, learned Standing Counsel for Gram Panchayat, for
respondent Nos.4 and 6; Sri Mahesh Raje, learned Government
Pleader for Home Department, for respondent Nos.7 and 8 and
Sri B. Mahender Reddy, learned counsel for respondent No.9.
2. With the consent, finally heard.
3. During the course of hearing, learned counsel for the
parties agreed that the observation "As already observed by this
Court, the construction made by respondent No.9, shall be subject
to the result of the dispute before the civil Court." in paragraph
No.13 of the impugned common order dated 31.12.2024 passed
by the learned Single judge in W.P.Nos.24049 of 2022 and 30326
of 2024 may be set aside by holding that, whether or not the said
constructions will be subject to final outcome, shall depend on
the nature of litigation of O.S.No.593 of 2021. The 'res sub
judice' principle will be applicable based on the said O.S.
4. In view of consensus arrived at, the aforesaid portion in
paragraph No.13 of the impugned common order is set aside and
the res sub judice principle based on aforesaid O.S. will apply.
5. Accordingly, this Writ Appeal is disposed of. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 27.03.2025 Myk/Tsr
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
(Per the Hon'ble the Acting Chief Justice Sujoy Paul)
Date: 27.03.2025
myk/tsr
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