THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.43 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants/petitioners are aggrieved by the status quo order
dated 31.12.2020 passed by the learned Single Judge on an interim
application moved by them in W.P.No.5032 of 2020 in respect of land
covered by plots No.6 (part), 7 (part), 8, 9 and 10 (part) situated at
Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District
(earlier Qutubullapur Mandal, Ranga Reddy District) till the next date of
hearing. Further, the appellants/petitioners were directed not to proceed
with the construction of structure on the subject land.
2. Learned counsel for the appellants/petitioners states that this is the
second round of litigation that his clients have had to initiate. Earlier
hereto, they had filed W.P.No.17337 of 2011 where the grievance raised
was of declaring the action of the respondents of demolishing their
compound wall on the same parcel of land as illegal and arbitrary. Vide order dated 02.06.2016, the learned Single Judge had disposed of the said petition by declaring the action of the respondents of demolishing the compound wall of the appellants/petitioners as illegal and arbitrary and further, restraining them from interfering or demolishing any further compound wall or structures erected by the appellants on the subject property. Learned counsel for the appellants/petitioners states that despite the aforesaid order, the respondents have been interfering in raising of the construction on the subject land, hence compelling them to file W.P.No.5032 of 2020.
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3. A perusal of the impugned order reveals that though opportunities were given to the respondents, they did not file their counter affidavit. As a result, on 31.12.2020, when interim application was listed before the learned Single Judge, upon perusing the records made available by learned Government Pleader for Revenue, the status quo order was passed.
4. We have enquired from learned Government Pleader as to whether a counter affidavit has been filed in the writ petition at least by now, only to be told that more time may be granted to file the counter affidavit. He states that if two weeks is granted, counter affidavit shall be filed.
5. Last opportunity of three weeks is granted to the respondents to file their counter affidavit with a copy to learned counsel for the appellants, who may file rejoinders, if any, within three weeks thereafter.
6. As we are informed that there is no next date of hearing in the captioned writ petition, the parties are directed to appear before the learned Single Judge as per roster in W.P.No.5032 of 2020 on 26.03.2021. A request is made to the learned Single Judge to consider fixing a convenient date for hearing arguments in the writ petition.
7. The present appeal is disposed of on the above terms along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 16.02.2021 Lur W.A.No.43 of 2021 Page 2 of 2