The High Court disposed of Writ Appeal No. 105 of 2021 as infructuous because the subject building had been constructed by the time of the appeal.
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 STATE OF TELANGANA
TUESDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL NO: 105 OF 2021
Writ Appeal under clause 15 of the Letters Patent ldg* Prefened Against the Order Daled 1710812020, passed in WP.No.10968 of 2020 on the file of the High Court.
Between:
...APPELLANT(S)/THIRD PARTIES
AND
(i) M Shyam Sunder Rao, S/o Late M Sampath Rao Aged about 49 years, Occupation Business, R/o H No 7-3-2351A Polt Not No 12 Sairam Nagar Colony Bairamalguda Sagar Road Ranga Reddy Dist.
..,,RESPONDEDENTS/PETITIONERS
.,8. RubenArun Kumar, S/o Late Albert Karunakar, Aged about45 years, Occ / Privale Service, Rl/o H No 1038, Sy No 7418, FIat No 203, Rohita Towers, / Addagutta, East Manedpally, Secunderabad, T.S.
...RESPONDENTS/RESPONDENTS
tN WP.NO.10968 0F 2022
lA NO: 3 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy in the matter of the order and judgement of the Learned Single Judge in W.P. No. 10968 of 2020, dt. 1710812020 and this court shall be pleased to make such other order or orders as this Learned honorable court shall see fit and expedient in the facts and circumstance of the matter.
lA NO: 4 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order and direct the Respondents herelo to seal the building under construction and cease all illegal building activity thereupon, and this coud shall be pleased to make such other order or orders as this Learned honorable court shall see fit and expedient in the facts and circumstance of the matter
Counsel for the Appellants : SRI SAROSH BASTAWALA
Counsel forthe Respondents Nos.1 to 3 : SRI G.RAJESHWAR REDDY
counsel for the Respondents No.4 : G.P FOR MUNIC|PAL ADMNTSTRATION
Counsel for the Respondents Nos.s to 7 : SRI SAMPATH PRABHAKAR REDDY,
SC FOR GHMC
Counsel forthe Respondents No.8 : SRI MOHD ISLAMUDDIN ANSARI
The Court made the following ORDER
TIIE EON'BLE SRI JUSTI CE D KUMAR SHAVILI
THE HO N'BLE THE CrIIEF JUSTICE SATISH CHANDRA SHARMA AND
WRIT APPEAL No. 1O5 of 2027
.TUDGMENT: per the Hon,bte the ChteI Justice Sclt.tsh Chand.ra Sharma)
Learned counsel for the appellants is fair enough in informing this Court that the subject building itself has been constructed now and the present appeal has become infructuous.
The writ appeaj is accordingly disposed of as infructuous. However, it shall certainly be open to the authorities to take appropriate action in accordance with larv if the building has not been constructed in accordance u,ith 1aw.
The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
\
SD/-CH.VE N KATESWARU LU DEPUry REGISTRAR \ Il', SECTION OFFICER
//TRUE COPY//
To,
1 ll:lll:lg1_S_q-cretary. State of Tetangana. Department of Municipar -AomtntstralonandUrban Development, Secretariat,Hyderabad, T.S. 2. The Commissioner, The Greater Hyoeribad ui,niJil"i'Co-iJoration, Lower Tank Bund Road, Hyderabad, T.S. 3 ILg^?_"qy,l9ommissroner, gr.ealgt t-.tydelqbad I.4unicipat Corporation, .KUKarpay L;ircteNo 24, Medchal I,4alkajgiriDistrict, T.S. 4. The Zonal Commissioner, Greater Hyder-abad MunicipJt Corporation, Kukatpally Zone, It4edchal lvlalkajgiri District, T.S. 5. 2 CC to G.p FoR MUNtCtpAL AiIN4NISTRAT|ON, High court for the state of Telanoana. IOUTI 6. one Ct to sRt. SARoSH BASTAWALA, Advocare roprjct 7. One CC to SRl. G RAJESHWAR REDDY, Advocate tOpUb'r 8, ONC CC tO SRI SAIVPATH PRABHAKAR REDDY, S' FOR'GH[,,IC L One CC to SRt IVOHD tSLAt,,tUDDtN ANSARI, Advocatt(Opuc). 10. Two CD Copies 1 1 . One spare copy SA a ?
i t
HIGH COURT
oArEA18l0112022
JUDGMENT
WA.No.105of 2021
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DISPOSING OF THE W.A
WITHOUT COSTS.
(9',** hq.6N"
Kalvakuntla Tejeshwar Rao and Ors.
M/s Srija Infrastructures and Ors.
The State of Telangana and Ors.
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
