Totla Prahlad v. The State Of Telangana, Municipal Administration And

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

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