The High Court disposed of a miscellaneous aspect of a writ petition pending since 2007, declining an adjournment request but granting liberty to seek intervention in a related pending litigation.
Liberty granted to seek intervention in related writ petition; adjournment denied pending merits application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 27156 of 2007
Dt:20.06.2016
Between:
V.S.Krishna.
… Petitioner
And
Municipal Corporation of Greater Visakhapatnam and others.
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 27156 of 2007
PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
Mr. Gnaneswara Rao, learned counsel holding for Mr. Mavidi Rama Rao, Advocate on record for the petitioner, once again seeks adjournment.
This petition was filed in 2007. On 19.12.2007, the respondentCommissioner was directed to stop construction, if it was made without permission.
Learned Standing Counsel for the Corporation submits that permission for construction was granted in 2006 and before the interim order was passed by this Court, the construction was complete. The respondent-Corporation thereafter revoked the permission and issued notice under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955. Respondent No.3 thereafter filed W.P.No.23246 of 2007 and sought interim order by way of WPMP Nos.30285 and 30286 of 2007.
This Court on 02.11.2007, granted interim direction and interim suspension as prayed. The said writ petition, we are informed, is still pending. That being so, we are not inclined to grant time as prayed for by learned counsel for the petitioner and we are satisfied that this writ petition can be conveniently disposed of with liberty to the
petitioner to seek intervention in W.P.No.23246 of 2007. Order accordingly.
If the petitioner makes any such application in the pending writ petition, learned Judge may consider the same on merits in accordance with law. All contentions of the petitioner on merits are kept open.
Consequently, miscellaneous petitions, if any, also stand disposed of.
_________________________ DILIP B. BHOSALE, ACJ
________________________ P.NAVEEN RAO,J Dt:20.06.2016 kdl
2 issues framed by the court
Whether to grant time for adjournment in a writ petition filed in 2007 which is still pending.
Whether to allow intervention in a related pending writ petition.
V.S.Krishna
Municipal Corporation of Greater Visakhapatnam
DILIP B. BHOSALE
P.NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
