Item No.32
0THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.1140 OF 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant (respondent No.7 in W.P.No. 24969 of 2017 filed
by the respondent No.7 herein/writ petitioner) is aggrieved by the order dated 27.07.2017 passed by the learned Single Judge in an interim application (W.P.M.P.No.30933 of 2017) moved by the writ petitioner directing the respondent authorities to take action against the encroachment on Government land opposite his house. By the interim order, the learned Single Judge has directed that the respondent authorities shall remove the encroachment in question.
2. We may note that vide interim order dated 11.08.2017, passed in the present proceedings, the action of demolition in respect of the subject tea stall has been stayed and the said order is continuing to operate in favour of the appellant.
3. On enquiring from learned counsel for the appellant as to whether a counter affidavit has been filed by his client in the writ petition by now, the reply is in the negative.
4. Learned counsel for the respondent No.7/writ petitioner states that he will be satisfied if the appellant is granted a fixed timeline for filing the counter affidavit so that the writ petition can be heard and disposed of.
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5. Last opportunity of three weeks is granted to the appellant to file the counter affidavit in the pending writ petition with a copy to learned counsel for the respondent No.7/writ petitioner, who may file Rejoinder within two weeks thereafter.
6. The present appeal is disposed of along with the pending applications, while directing the parties to appear before the learned Single Judge on 22.03.2021, for fixing an actual date of hearing for disposal of the writ petition. The interim order dated 11.08.2017, as extended on 16.08.2017, shall continue to operate till the next date fixed before the learned Single Judge, for the parties to address the Court for further appropriate orders to be passed.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 22.02.2021 Lur/pln W.A.No.1140 of 2017 Page 2 of 2