THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.10818 of 2013

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the impugned order passed by the 1st respondent vide No.M.C.K/B/430/2011 dated 13.10.2011 refusing to grant permission for construction as being illegal, arbitrary and unconstitutional and consequently set aside the same and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case...”

2. Heard Ms.N.V.R.Rajya Lakshmi, learned counsel representing Sri K.V.V.Vedanta Chary, learned counsel for the petitioners. Despite of service of notice, there is no representation on behalf of respondent No.2.

3. Learned counsel for the petitioners submitted that a suit in O.S.No.115 of 2009 was filed on the file of Junior Civil Judge, Kodad, seeking injunction simpliciter, which was allowed by the trial Court on 09.12.2009. Subsequently, the respondent No.2 filed CMA.No.1 of 2010 on the file of II Additional District Judge, Nalgonda, and the said appeal was allowed on 28.12.2010 setting asid