G LAXMI Vs. MALKAJGIRI MUNICIPALITY

JUDGEMENT

(1.) The writ petition is filed for a Writ of Mandamus declaring the impugned action of granting permission by the 1st respondent-Municipality to the 2nd respondent, vide permit No.G2/1019/2005, dated 20.12.2005, as bad, illegal, and in contravention of the Municipal Rules and Bye-laws, and consequently cancel the same in the interest of justice and to pass such other suitable orders.

(2.) Sri H. Venugopal, learned counsel representing the writ petitioner, would submit that the 1st respondent-Municipality, without considering all the facts and circumstances under a mistaken impression that the suit, filed by the petitioner, was dismissed, though in fact at the relevant point of time, the temporary injunction was vacated, had granted permission to the 2nd respondent for construction of apartment. The very approach adopted by the 1st respondent-Municipality is an erroneous one. Learned counsel also would submit that even otherwise, the matter was carried by way of C.M.A., and the C.M.A. was allowed granting temporary injunction. Even in this view of the matter, the petitioner had established a prima facie case and balance of convenience is in favour of the petitioner and taking all these facts and circumstances, the counsel would maintain that the permission already granted by the 1st respondent-Municipality in favour of the 2nd respondent may have to be cancelled or set aside. The learned counsel also strongly relied upon a decision of this Court reported in " V. Jaya Prakash v. Commissioner of Municipality, Khapra Municipality 2006 (4) ALD 807.

(3.) Sri Polisetti Radha Krishna, learned Standing Counsel representing the 1st respondent-Municipality, had taken this Court through the counter affidavit filed by the 1st respondent-Municipality and would contend that the suit O.S. No. 1131 of 2003 on the file of the Principal Junior Civil Judge, Ranga Reddy District, in relation to the petition schedule land was dismissed on 07.10.2005, and the 2nd respondent approached the Municipality to issue permission for construction of building, and hence, permission was granted.