M/S. Trust Constructions, v. The State Of Telangana And 5 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25334 OF 2019 O R D E R :

This writ petition is filed challenging the action of the respondents in trying to demolish the petitioners' property admeasuring 465 Sq.Yards, House bearing No.11/6/873/D, situated at Lakdi-ka-pool, Hyderabad, without following due process of law.

Heard learned counsel for petitioners.

Learned Counsel appearing for 6th respondent basing on the counter averments submits that for the same relief sought in this writ petition the petitioners have also filed civil suit and having failed to get injunction in the said suit, they filed the present writ petition.

The aforesaid submission is not disputed by the learned counsel for the petitioners. But, however states that petitioners were granted building permission vide proceedings No.3/C12/14935/2019, dated 16.10.2019. The writ petition is liable to be dismissed on the sole ground of suppression of fact by the petitioners about filing of suit in OS.No.1689 of 2019 on the file of VII Senior Civil Judge, City Civil Court, Hyderabad, for the same relief sought in this writ petition. As the petitioners have approached this Court with

unclean hands suppressing the facts, equitable jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked and on the sole ground itself the writ petition is liable to be dismissed.

Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 26.11.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 25334 of 2019 26.11.2019 tk