THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR W.A. No.509 OF 2010 DATED:09-12-2011 Between: Sri Reddy Sangaiah … Appellant And K. Mamata and five others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 509 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The order passed by the learned single Judge appears to have been based on a misconception viz., the debris had been cleared after demolition. We have seen the photographs produced before us by learned counsel for the parties pursuant to our order dated 24-11-2011. We find that the debris still exists. Since the order of the learned single Judge is based on a factual misconception, we set aside the same. 2. Learned counsel appearing for the appellant, the Greater Hyderabad Municipal Corporation and the writ petitioner say that since the issue is pending before the civil Court, the matter may be taken up by the civil Court and the order passed by the learned single Judge will not come in the way of the civil Court taking the decision on the merits of the case. 3. Since we have set aside the order of the learned single Judge, nothing further survives in this writ appeal and it is accordingly disposed of. 4. We make it clear that the order passed by the learned single Judge will not stand in the way of the civil Court taking a decision on the merits of the case. MADAN B. LOKUR, CJ SANJAY KUMAR, J 09-12-2011 ks