Telangana State Industrial Infrastructure Corporation Ltd v. Uppal Industries Association,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT W.A.M.P.No.1170 of 2015 AND W.A. No.475 of 2015 PC: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned for the petitioner.

This leave petition is filed by Telangana State Industrial Infrastructure Corporation Limited which was not party in the writ petition. In the writ petition, the learned Single Judge vide order dated 05.12.2014, after admission of the writ petition, granted interim order as follows:- "The learned counsel for the respondents are not present. Pending further orders, the respondents are restrained from making constructions over 3140 sq. mtrs comprised in Survey No.1 (Part), situated in industrial Development Park, Uppal."

According to the petitioner/proposed appellant, this order affects their right since they are in possession of the property in respect of which injunction order has been passed. Though, prima facie, we do not agree with the submission made by the learned counsel for the appellant that this order affects the petitioner's/appellant's right, since the appellant was not party to the writ petition, we made certain suggestions to the learned counsel for the petitioner/appellant and he agreed for the following order.

It is open to the petitioner/appellant to file miscellaneous petition for its impleadment

in the writ petition and if impleadment is allowed, it is further open to the petitioner/appellant to file vacate petition. If the petitions, as aforementioned, are filed by the appellant, we request the learned Single Judge to consider the same expeditiously.

With these observations, miscellaneous petition as well as writ appeal is disposed of.

Consequently, miscellaneous petitions, if any pending, also stand disposed of. _____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 04.06.2015 Stp/Lrkm