The State Of Telangana v. Nayanth M.Savani
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL NO: 1290 OF 2018 Writ Appeal under Clause 15 of the Letters Patent appeal preferred against the order dated 20-12-2017 in W.P. No. 15646 of 2017 on the file of the High Court. Between:
1. The State of Telangana, Rep.
Department, Secretariat, Hyderabad
2. The Joint Collector, Hyderabad, Committee, Nampally, Hyderabad by its Principal Secretary, Revenue District-cum-Chairman of No Objection ...Appellants/Respondents AND Nayanth IVl.Savani, S/o. late Maniklal Vadilal Savani, aged about 40 years, Rl/o. Door No. 14-3-25111 and 2, Feelkhana, Goshamahal, Hyderabad - 12 Hansat [Vl.Savani, S/o. Late Maniklal Vadilal Savani, aged abut 39 years, Rio. Door No. 14-3-25111 and 2, Feelkhana, Goshamahal, Hyderabad -12. 1.
,)
...Respondents/Petitioner in W.P.
3. The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, tank bund Road, Hyderabad.
(Respondent No.3 is formal party) ... RespondenURespondent in W.P.
lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order of Learned Single Judge dt. 20.12.2017 in WP.No.15646 ol 2017, pending disposal of the Writ Appeal. Counsel for the Appellants: GP FOR REVENUE Gounsel forthe Respondent Nos.1 & 2: SRI PRAMOD SINGH The Court delivered the following: JUDGMENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SIIARMA AND THE HON'BLE SRI JT'STICE ABHINAND KUMAR SHAVILI WRIT APPEAL No.129O of 2018 JUDGMENT: eer the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of an order dated 20.12.2017 passed by the learned Single Judge in W.P.No.15646 of 2017.
-The facts of the case reveal that the respondents No. I and 2/writ petitioners came up before this Court challenging the order dated Ol ,O4.2017 passed by the Joint Collector, Hyderabad District, rejecting No Objection Certificate to the respondents No.1 and 2 /writ petitioners for obtaining 1tI construction permission from the Greater Hyderabad Municipal Corporation (GHMC). When the matter came up for hearing, the learned counsel for the respondents No.1 and 2lwrit petitioners brought to the notice of the learned Single Judge that the issue involved in the writ petition stood concluded on account of the judgment delivered in the case of Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad Distrlct and anotherr. The Iearned Government Advocate appearing in the matter did not ' 2oo l (3) ALD 600
dispute the aforesaid factum and in those circumstances, the v/rit petition was allowed.
Today also the learned Government Advocate has not disputed the judgment delivered in the case of Hyderabad Potterieg hrt. Ltd. (supra).
Therefore, as it was a consent order based upon the earlier order passed by this Court, this Court does not find any reason to interfere with the order passed by the learned Single Judge.
-.
The writ appeal is accordingly dismissed.
The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. SDIK.SRINIVASA RAO JOINT REGISTRAR /I I 4r'
sEcld oFFrcER To, ,TRUE COPY'
1. Two CCs to GP for Revenue, High Court for the State of Tela ngana at CC to ri P mod Singh, Advocate [OPUC]
3. Two CD Copies
4. One Spare Copy CHR SB
1\ HIGH COURT DATED:2410312022 JDUGMENT \ s W.A.No.1290 of 2018 \=s (-t!
DISMISSING THE WRIT APPEAL WITHOUT COSTS