V VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) BY this common judgment and order, both the appeals are being disposed of. W.A. No.1584 of 2014

(2.) AS far as the first appeal, being W.A. No.1584 of 2014, in which Sri L. Ravichander, learned Senior Counsel appears for the appellant, is concerned, we are of the view that the Honble Trial Judge has passed just and perfectly balanced order keeping in view the balance of convenience of the parties. The Honble Trial Judge has merely asked the municipal authority to seal the structure in question. It is an admitted position that there has been no lawful sanction or permission, not to speak of any sanctioned building plan, but the structure has been erected and it was being used notwithstanding. Therefore, the matter is pending adjudication before His Lordship and it is directed to be listed on 29.12.2014. However, we clarify that the observations and findings of the Honble Trial Judge will not be taken note of at the time of final hearing of the writ petition.

(3.) WE therefore close this appeal without passing any further order. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs. W.A. No.1586 of 2014