Sri Mohammed Ali Imam Najaff, v. A.P.Housing Board,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.27071 of 2016 ORDER:

This writ petition is filed with the following prayer: "It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the representations dated 11-07-2016 and 27-07-2016 submitted by the petitioner by taking the action against the respondent No.4 is illegal and violative of Article 300-A of the Constitution of India and consequently direct the Respondents to consider the representations dated 11-07-2016 and 27-07-2016 submitted by the petitioner and pass appropriate orders as per law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

According to the petitioner, he filed civil suits against the 1st respondent with regard to subject property for declaration of title and permanent injunction and one of the suit in O.S.No.1550/2004 on the file of IX Additional Senior Civil Judge, City Civil Court, Hyderabad was decreed in favour of the petitioner to an extent of 104 square yards in Sy.No.10 situated at Vijayanagar Colony, Malleplly, Hyderabad. Against the said order, the 1st respondent herein filed appeal i.e.A.S.No.137/2010 and the same is pending. It is further stated that the petitioner also filed different suits with regard to subject property and the same are pending. In view of the same, it is for the petitioner to agitate his rights in the civil suits.

The petitioner cannot simultaneously maintain two parallel proceedings one by way of civil suits and another by way of writ petition. Further more, the petitioner has not filed any documents. Once civil suits are pending, this Court cannot direct the authorities to dispose of the representations. As far as application for permission is concerned, it is for the municipal corporation to take appropriate action. Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 17-08-2016 nvl