Nayeem Khan v. The State Of Telangana And Another

HON'BLE SRI JUSTICE T.AMARNATH GOUD W.P.No.27409 of 2019 ORDER:

This Writ Petition is filed aggrieved by the action of the respondents in making construction in the alleged land which, according to the petitioner, belongs to him.

Sri Chaitanya, learned counsel, representing Sri N.Praveen Kumar, learned Standing Counsel for the 2nd respondent-Municipality, upon instructions, submits that already construction has been completed and there is no further construction to be made and thus, this Writ Petition becomes infructuous. He further submits that the petitioner has filed suit in O.S.No.102 of 2019 on the file of XII Additional District Judge, Ranga Reddy at Vikarabad District for the same relief and the 2nd respondent is also made as party in the said suit. He further submits that the trial Court has not granted any relief therein. Thereby, since the petitioner has preferred this Writ Petition for the same relief as sought in the said suit, parallel proceedings cannot be initiated for the same relief.

Heard both sides.

It is seen from the record that the petitioner sought for the same relief before the trial Court as well as this Court under Article 226 of the Constitution of India and the 2nd respondent-Tandur Municipality is also arrayed as party-defendant before the trial Court. In view of the

same, the Writ Petition is not maintainable and the same is liable to be dismissed.

Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________________ JUSTICE T.AMARNATH GOUD Date: 13.12.2019 kvr