Item No.20
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.150 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1.
This order is in continuation of the order passed on 21.06.2021 on which date, Mr. Harender Pershad, learned Special Government Pleader had sought time to obtain instructions from the Department as to whether the State proposes to institute a civil suit in respect of the subject land. Today, he submits that he has instructions to state that the present appeal may be disposed of with liberty to the appellants/ State to approach the Civil Court and file a civil suit for claiming title and possession of the subject land.
2. Learned counsel for the appellants however requests that operation of the impugned order passed by the learned Single Judge directing the appellants to restore the subject land, may be stayed till the appellants take steps to approach the trial court by filing a suit. He clarifies that the subject land is presently a vacant parcel of land, which is under the control of the Tahsildar.
3. In view of the submission made hereinabove, leave as prayed for, is granted. The present appeal is disposed of along with the pending applications, if any. The operation of the impugned order shall remain stayed for a period of four weeks reckoned from today to enable the appellants to seek appropriate legal recourse. It is W.A.No.150 of 2021 Page 1 of 2 however made clear that the aforesaid protection granted to the appellants shall not be construed as an observation on the merits of the suit that the appellants propose to institute. The learned trial court shall be at liberty to pass appropriate orders on the stay application that may be filed by the appellants along with plaint, uninfluenced by the order passed above.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 02.07.2021 Lrkm W.A.No.150 of 2021 Page 2 of 2