IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 314 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 21/02/2008 in WP NO : 3459 OF 2008 on the file of the High Court.) Between: Chandramma Educational Society, (Regd. No. 1310/2002), Survey No. 59, Jayanagar Colony, New Bowenpally, Secunderabad, Rep by its General Secretary, Ch. Mahender Reddy ..... APPELLANT AND 1 The Government of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. Rep by its Principal Secretary 2 The Hyderabad Urban Development Authority, 1-8-323, Paigah Palace, Rasoolpura, Secunderabad, Rep by its Vice Chairman. .....RESPONDENT(S) Counsel for the Appellant:MR.S.SRI RAM Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) Being aggrieved by an interim order dated 21-2-2008 passed in W.P.M.P.No.4505 of 2008 in W.P.No.3459 of 2008, this appeal has been filed by the original petitioner. At the request of the learned Advocates, the appeal is finally heard today. The learned Advocates have agreed for the consent order to the effect that the impugned order be set aside and the W.P.M.P. be remanded back to the learned Single Judge as per Roster so that the respondents can get a chance to file their counter, as it is an admitted fact that no counter in the writ petition was filed by the respondents at the time when W.P.M.P.No.4505 of 2008 was heard. It is pertinent to note that on account of the impugned G.O. which is placed on record by the original petitioner, needful for the purpose of sanction of building permission could not be done and, therefore, there was no delay on the part of the respondents-authorities. Be that as it may, we do not like to go into the merits of the case, because we desire that the respondents should get a chance to file their counter and to place the facts on record. The learned Advocate for the respondents had submitted that they shall file their respective counters within two weeks from today. In pursuance of the above development in the matter, the impugned order is quashed and set aside and the W.P.M.P.No. 4505 of 2008 is remanded to the learned Single Judge so that it can be heard afresh. W.P.M.P.No.4505 of 2008 shall be posted for hearing as per the Roster on 8-7-2008. The appeal stand disposed of to the extent as above with no order as to costs. ______________________ ANIL R. DAVE, CJ 17th June, 2008 _________________________ R. SUBHASH REDDY, J GRR To 1. 2.2 CD copies