Item No.2
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.49 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the interim order
dated 12.01.2021 passed in W.P.No.816 of 2021 wherein, directions
were sought to restrain the respondents from interfering in its peaceful
possession and enjoyment of land measuring Acs.18.30 guntas in Survey No.25/2, Kancha Gacchibouli Village, Serilingampally Mandal, Ranga Reddy District.
2. In the impugned order, the learned Single Judge has recorded the statement made by learned Special Government Pleader appearing for the respondents that they have already laid a road on the aforesaid land and common people are using the road, which submission was disputed by learned counsel for the appellant/writ petitioner. After taking note of the submission made by both sides, the learned Single Judge has directed status quo as on the date of the passing of the said order by both parties with a rider that if common people are using the road, they may be allowed to use the road. It is the rider appended to W.A.No.49 of 2021 Page 1 of 3 the status quo order that has brought the appellant/writ petitioner to this Court.
3. Learned counsel for the appellant/writ petitioner states that without following due process of law and in a completely arbitrary manner the respondents have proceeded to lay a coal tar road on the land owned by the appellant/writ petitioner and any access thereto by the public at large is bound to compromise the safety and security of the students and residents of the University. He submits that it is not even denied by the respondents that the land beneath the road is owned by the University and no steps have been taken till date to acquire the same.
4. The aforesaid submission is, however, disputed by learned Advocate General as also by Mr. S. Niranjan Reddy, learned Senior Counsel appearing for the respondent No.2/GHMC, who assert that the land underneath the coal tar road is not owned by the University.
5. The aforesaid aspect is pending consideration before the learned Single Judge and therefore we are refraining from making any observations in that regard, more so, when a counter affidavit has yet to be filed by the respondents. However, it is deemed appropriate to modify the interim order dated 12.01.2021 by directing the parties to maintain status quo in respect of the subject land where the coal tar road is stated to have been laid, while restraining access thereto by third parties who are not residents or students of the appellant W.A.No.49 of 2021 Page 2 of 3 University. The modified interim order shall continue to operate till the writ petition is finally decided.
6. The appeal is disposed of with the aforesaid direction, along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 24.02.2021 vs W.A.No.49 of 2021 Page 3 of 3