Yanduru Venkata Sri Rama Sudhir, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.433 OF 2016 DATED:07-01-2016 Between:

Yanduru Venkata Sri Rama Sudhir and another ... Petitioners And The State of Andhra Pradesh Department of Municipal Administration and Urban Development Rep by its Secretary Secretariat Building Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONERS: Mr.Y. Subrahmanyam COUNSEL FOR RESPONDENT NO.1: G.P. for Municipal Administration (AP) COUNSEL FOR RESPONDENT NO.4: A.G.P. for Home (AP) THE COURT MADE THE FOLLOWING:

ORDER:

Feeling aggrieved by grant of building permission by respondent No.2 in favour of respondent Nos.5 to 7, the petitioners filed this writ petition.

On the petitioners' own showing, O.S. No.68 of 2015 filed by them in the Court of Senior Civil Judge, Nuzvid, for partition, is pending. So far, rights of the petitioners have not been crystalized. In the absence of any order passed by a competent Court restraining respondent No.2 from granting building permission, granting such permission cannot be termed as illegal. However, the petitioners are entitled to assert their right over the suit schedule property and also seek an appropriate interlocutory relief to protect their interests in the pending suit against respondent Nos.5 to 7. Subject to the liberty given to the petitioners, as above, the writ petition is dismissed.

As a sequel to dismissal of the writ petition, W.P.M.P. No.540 of 2016 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 07-01-2016 bnr