R.VENKATESWARA RAO Vs. VIJAY BANK

JUDGEMENT

(1.) This Writ Appeal is filed by the 9th respondent in Writ Petition No.40021 of 2018. It is a Private Limited Company.

(2.) The Writ Petitioner sought a declaration that the proceedings issued by the 1st respondent-Greater Hyderabad Municipal Corporation, Hyderabad, (GHMC) on 01.11.2018 is illegal, arbitrary and unreasonable. A further direction was also sought for against GHMC not to proceed in any manner in furtherance of those proceedings by interfering with the construction being carried out by the writ petitioner as per permit No.1/C20/14638/2018, dated 09.09.2018. The learned single Judge has granted that relief.

(3.) We have heard the learned counsel for the appellant-9th respondent in the Writ Petition. He points out the genesis of the litigation and the controversy between the parties traceable to the rival titles projected by the parties to this litigation. However, we are of the firm and considered opinion that such issues do not generate grounds sufficient enough to further adjudicate this Writ Appeal for the simple reason that the plea that the 9th respondent before the learned Single Judge had included the undisputed position that the Occupancy Rights Certificate issued in its favour vide proceedings dated 03.09.1998 was set aside by the Joint Collector as per proceedings dated 03.05.2011 and those proceedings of the Joint Collector is pending consideration in Writ Petition No.25704 of 2011 filed by the 9th respondent-writ appellant. The 9th respondent-writ appellant also filed Civil Revision Petition No.4242 of 2018 against B. Saraswathi and others to set aside the Occupancy Rights Certificate issued vide proceedings dated 30.12.2017. These undisputed facts are available even from paragraph No.6 of the impugned order of the learned Single Judge.