The High Court dismissed an eighth petitioner's writ petition seeking direction to allot flat numbers in a housing scheme. The court dismissed the petition as withdrawn based on the petitioner's letter dated 15.09.2021.
No order as to 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.
HIGH COURT FOR THE S rsp""i"l3l5i35 lfl3ji:,fliAr HYDERABAD
WEDNESDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWo rHousAruo nrvo iwer.riv6r.ri
PRESENT
THE HONOURABLE SRIJUSTICE T.VINOD KUMAR
WRIT PETITIO NNO :307'18 oF 201s
Between:
(Petitioner Nos. 1 to 7 are withdrawn as per Court Order dt. 8112115 in WPMP.No. 48128115.)
...PETITIONERS
AND
L
...RESPONDENTS
PetitionunderArtrcle226oflheConstitutionoflndiaprayingthatinthefiled therewith'the High Court may be circumstancesstated in t"hi "iid*it oleasedto issue a Writ, tjrJeror directionn1or"particularly one in the nature of t[elctionor the resoondents No 2 and 3 in not wntr orMANDAMUSo#;i; invitingthe petitionerst"t in"''ti"il"g Stn"U't-"dto be held on 23 09 2015'for the ourooseof drawalot rots, iJr a-slign";nt of flatrumbers in sampoomam(HlG) ilats underVenture lll, P;;t;;V' 'txpHe -colonv' Kukatpallv'Hvderabad' throughproceedings L"t,rr'ii"iidiioit1+oosfuPh-XVl/en-lll/EE(WDtKKP/2015' dated 10.09.20tsot respcnol]ri No.g,,= bad,arbitrary, illegal, and discriminatory and offendsArticle14 or 6on=iiirtion of lndia, besides contraryto its notifications, allotmentproceedings,,g;;";;;i;;dconsequentiallyto directthe respondents2 and 3 to allotflat nr.o",r,oriv calling all the 270 allotteesthrough drawalof lots byproviding opportunity io iiie petitioners, by receiving consideration in terms of notitication,-altoimentlett':r and agreementwithout any deviation'
WPMP. NO:3 96750F2c15
Petition under Sec:tion151 cPc praying that in the circumstancesstated in the affidavit filedin support of the petition, the Highcourtmaybe pleased to stuy af i furtherproceedings withreferenceto- meeting going to be convenedon Z3.Og.2O1S or on anysulliequentdateby the 3rd respondentat APHB Community iall,phase-l and ll,NearTemple Bus Stop, Near KPHB Colony,Hyderabad,for allotment of flat numbersat sampoornam(HlG) flats, under venture lli, Phase-XV, KpHa colony, Kukatpally,Hyderabad,without calling all 270 allottees,pending "t disposal of the WritPetition'
w1/M P. NO: 4441 OF20'15
Between:
...PETITIONERS/RESPONDENTNOS. 2 & 3
3
..)
AND
9.Hari Babu,, S/o. Babu,, S/o. S/o. Latr
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to VACATE the interim order dated 22-9-2015passed in W.P.MP. No. 39675/2015 in W.P.NO. 307'1 B of 2015pending disposal of the above writpetition
Counsel for the Petitioner:SRl. V.VENUGOPALARAO
Counsel for the Respondent No.1: GP FOR HOUSING
Counsel for the Respondent Nos'2 & 3: SRI.CBUCHI REDOY
The Court made the following:
THE THEHON'BLE SRI JUSTICE T'VINODKUMAR
WRIT ON No.3O718 of 2O15
ORDER:
Learned counsel forthe petitioner submits that on eariier occasion i.e., on08,12.2015, petitioner Nos' 1 to 7 have withdrawn themselves from the WritPetition vide order passed in WPMP No.4812812O15 and only the 8thpetitioner is continued to pursue the Writ Petition.
Learned Counsel for the petitioner now submits that even the 8n petitioner does not intend to pursue the Writ Petition, since the cause in the Writ Petition does not survive any more for consideration by this Court. He would further submit that letter dated 15.09.2021 to the above effect has been filed seeking permission of the Court to withdraw the Writ petition.
I
To,
In view of the desire expressed by the petitioner through letter dated 15.O9 .2021, the Writ petition is dismissed as withdrawn. No order as to costs.
SD/-K.AMMAJI I ASSISTANT REGISTRAR I
//TRUE COPY/i
SECTION OFFICER
PM
fr,.-
HIGH COURT
DATED:2210912021
:iTATE
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ORDER
WP.No.30718 of 2015
Dismissing the WP As withdrawn Without costs.
ff"1 1s\to U)
2 issues framed by the court
Whether the writ petition under Article 226 should be entertained after withdrawal by the petitioner?
Whether a petition dismissed as withdrawn requires a separate order on costs?
2 provisions across 2 enactments
Kambatpamti Raia Rao
Narra Venkata Murali Krishna
G. Hari Babu
T. Balarama Krishnaiah
Suryakiran Dasari
Smt. Sabbineni Yamini Kiran
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
