Writ petition challenging illegal stilt construction occupying parking area without permission was disposed of. Court stayed proceedings and granted liberty to petitioners to implead in the pending civil suit filed by the accused owners.
Liberty granted to petitioners to implead in O.S. 284 of 2017. No costs.
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.
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 12702 OF 2017
O R D E R :
The grievance of the petitioners is that Respondents 4 and 5 being the owners of one of the flats in the complex under the name and style Prem Sagar Apartments situated in premises No. 3-5-805 and 3-5-805/1, Hyderguda, Hyderabad have illegally been making construction in the stilt occupying the parking area without obtaining permission from the 2nd respondent Corporation.
Learned counsel for the petitioners submits that on 27.03.2017, the petitioners have made a complaint to Respondents 2 and 3 bringing to their notice the high-handed action of Respondents 4 and 5, but no action has been taken thereon.
Learned Standing Counsel for Greater Hyderabad Municipal Corporation Sri P. Kesav Rao, on instructions, submits that Respondents 4 and 5 have approached the Court of the IV Junior Civil Judge, City Civil Courts, Hyderabad by filing O.S. No. 284 of 2017 and obtained injunction and hence, they are taking necessary steps to contest the said suit.
Having considered the respective submissions, inasmuch as Respondents 4 and 5 have already approached the civil Court and obtained the order of injunction against Respondents 2 and 3 and inasmuch as the official respondents are taking necessary steps and contesting the said suit, liberty is given to the petitioners to implead themselves in O.S. No. 284 of 2017 and bring to the notice of the Court the illegal constructions that are being made by Respondents 4 and 5 herein. It is made clear that the petitioners
2
may seek vacation of the order of injunction, paving way for the respondent authorities to take action against Respondents 4 and
5, in accordance with law.
Subject to the above observation, the Writ Petition is
disposed of. No costs.
Consequently, the miscellaneous Applications, if any shall also stand disposed of.
____________________________ CHALLA KODANDA RAM, J
11th April 2017
ksld
1 issue framed by the court
Whether writ petition for directing removal of illegal stilt parking construction ought to be decided on merits when injunction suit is pending.
Petitioners
Greater Hyderabad Municipal Corporation
Respondents 4 and 5
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
