Telangana High Court
Church Of South India Trust Association vs The Greater Hyderabad Municipal ... on 4 March, 2022
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.151 of 2022
JUDGMENT:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present writ appeal is arising out of an order dated 09.04.2015 passed by the learned Single Judge in W.P.No.8808 of 2015.
The facts of the case reveal that a writ petition was preferred by the appellants/writ petitioners being aggrieved by the permission dated 30.12.2014 granted by the Greater Hyderabad Municipal Corporation (GHMC) in respect of construction of the St.Thomas (SPG) - Tamil Cathedral Church. The learned Single Judge, after hearing the learned counsel for the parties, has arrived at a conclusion that it is purely a civil dispute between the parties and a liberty was granted to the appellants/writ petitioners to approach the competent civil Court in respect of their right, title and interest in the subject property.
Learned counsel for the respondent No.3, at this stage, has informed this Court that pursuant to the grant 2 of building permission, construction of church is already over and the writ appeal deserves to be dismissed.
In the considered opinion of this Court, in the case of a dispute regarding right, title and interest in respect of the subject property, the parties are certainly having a remedy to prefer a civil suit and no case is made out 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.
______________________________________ SATISH CHANDRA SHARMA, CJ ______________________________________ ABHINAND KUMAR SHAVILI, J 04.03.2022 vs