Mohammed Haneef v. The State Of Talangana And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos. 16383 and 18886 of 2019 COMMON ORDER:

Since the issue involved in these Writ Petitions is common, they are clubbed together and are being disposed by this common order.

The grievance of the petitioners in W.P.No.16383 of 2019 is that the application dated 06.07.2019 said to have been submitted by them for grant of building permission by Tandur Municipality is not being considered.

Learned counsel for the petitioners in W.P.No.16383 of 2019 submits that the rights of his clients have been crystallized by virtue of the order, dated 29.06.2019, passed by the learned Junior Civil Judge, Tandur, Ranga Reddy District, in I.A.No.35 of 2019 in O.S.No.16 of 2019, which was filed by the petitioner in W.P.No.18886 of 2019 and others, wherein the injunction sought by the objectors was rejected.

While admitting W.P.No.16383 of 2019 on 02.08.2019, this Court passed an interim order directing Tandur Municipality to consider the application dated 06.07.2019 submitted by the petitioners.

Learned Standing Counsel for Tandur Municipality submits that the above said application is yet to be processed.

Plaintiff No.1 in the above said suit filed W.P.No.18886 of 2019 seeking a direction to Tandur Municipality to consider his objections said to have been filed on 19.08.2019 with respect to the building permission application said to have been submitted by the petitioners in W.P.No.16383 of 2019.

There is no dispute that both the parties are claiming rights in the property situated in Survey Nos.19/A and 19/AA of Saipur Village, Tandur Mandal, Vikarabad District. However, there is a dispute with respect to the identity of the property and in that regard, civil proceedings are pending before the Court. In view of the above and in view of the fact that the petitioners in W.P.No.16383 of 2019 are seeking building permission and the petitioner in W.P.No.18886 of 2019 has filed his objections for the said application, the Writ Petitions are disposed of with the direction to Tandur Municipality to consider the application of the petitioners in W.P.No.16383 of 2019 taking into consideration the objections of the petitioner in W.P.No.18886 of 2019 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, pending in this Writ Petition shall also stand closed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:30.08.2019 kdl