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Judgment
Both the writ appeals are by the unofficial respondent in W.P.Nos.720 and 13021 of 2026, being aggrieved by the common interim order dated 05.08.2026 passed in the said writ petitions in respect of the subject property, whereby the learned writ court directed the Commissioner, Greater Hyderabad Municipal Corporation (GHMC), to issue provisional occupancy certificate to the writ petitioner, who is respondent No.1 herein, in respect of the property admeasuring 1802.53 square metres in Survey No.129/68 Paiki, situated at Banjara Hills, Shaikpet Mandal, Hyderabad District. However, it was made clear that the writ petitioner shall not alienate the property in favour of third party, except leasing the property and the said order was made subject to further orders of the court. The learned writ court, while directing the matters to be posted for 24.08.2026 for hearing immediately after motion list, also directed the interim order granted earlier to be extended till then.
The appellant, who was the unofficial respondent in the writ petitions, was also present when the impugned interim order was passed. Both the writ petitions have been posted for 24.08.2026 i.e., coming Monday. The appellant has also filed a stay vacate petition and counter affidavit in both the matters. Essentially, the grievance of the appellant is that the writ petitioner had obtained the building permission on the subject property by misrepresentation which has been revoked on the representation of the appellant. Pending adjudication on the challenge to the revocation order, the learned writ court has directed the GHMC to issue the provisional occupancy certificate to the writ petitioner. The learned writ court has, however, made it clear that the writ petitioner shall not alienate the property in favour of the third party, except leasing the property and it shall be subject to further orders of the court. The matter has been posted on 24.08.2026 for hearing immediately after the motion list.
According to learned counsel for the appellant, it is the owner of the part of the subject property. Reference is made to the previous litigation between the parties, which went up to the Hon'ble Supreme Court.
On the part of the writ petitioner, learned Senior Counsel has sought to explain that the appellant does not have any connection with the subject property. The learned writ court deemed it proper to direct the GHMC to issue provisional occupancy certificate with a condition that the writ petitioner will not alienate the property in favour of third party, except leasing the property. The appellant has filed a stay vacate petition and since the matter is posted on 24.08.2026 itself, this court may not interfere in the matter at this stage.
Learned Standing Counsel for GHMC submits that GHMC is in the process of filing the counter affidavit. He has referred to Section 455 of the Greater Hyderabad Municipal Corporation Act, 1955, under which occupancy certificates are issued. According to him, the GHMC would be filing its counter affidavit on or before 24.08.2026.
Upon hearing learned counsel for the parties in the limited gamut of facts taken note above, we do not deem it proper to make any observations on the merits of the case on contest between the parties, since the writ petitions are posted for 24.08.2026 i.e., after four days and the appellant has also filed a stay vacate and counter affidavit in the matters and moreover the GHMC is also in the process of filing its counter affidavit.
The writ appeals are therefore disposed of without any observations on the correctness or legality of the impugned interim order or the merits of the case, with a request to the learned writ court to hear the matters on 24.08.2026, subject to completion of pleadings by the parties. All the parties are supposed to cooperate in the proceedings. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.