Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.1750 of 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated
27.10.2016 passed by the learned Single Judge dismissing
W.P.No.14100 of 2005 filed by her challenging the show cause notice
dated 25.05.2005 issued by the respondents No.2 and 3 proposing to
resume the land admeasuring Acs.3.00 situated in Survey No.471/2 of Gowdelly Village, Medchal Mandal, Ranga Reddy District. While dismissing the writ petition, the learned Single Judge observed that the appellant/writ petitioner is at liberty to file an explanation to the show cause notice within eight weeks and till such time, the status quo order granted in her favour was directed to be continued. If the appellant/writ petitioner did not furnish the explanation within the time granted, then the respondents would be entitled to take appropriate action in accordance with law.
2. It is the submission of learned counsel for the appellant/writ petitioner that the appellant/writ petitioner had immediately applied for a certified copy of the impugned order, which was made available W.A.No.1750 of 2017 Page 1 of 3 to her by the Registry some time in January, 2017. The reply was submitted on 31.03.2017 which was decided on 09.09.2019. Aggrieved by the said order, the appellant/writ petitioner has filed another writ petition registered as W.P.No.3621 of 2020, which is pending adjudication before the learned Single Judge.
3. In view of the aforesaid subsequent developments, we do not see any reason to continue with the present appeal.
4. Learned counsel for the appellant/writ petitioner states that vide order dated 14.10.2019 it was directed that the parties shall maintain status quo obtaining as on the said date and if the present appeal is disposed of, then the status quo order would stand automatically vacated to the detriment of the appellant/writ petitioner particularly, when the interim application filed by the appellant/writ petitioner in the subsequent writ petition is still pending where no orders were passed in view of the status quo orders passed in the present appeal.
5. The present appeal is disposed of along with the pending applications, if any, with liberty granted to the appellant/writ petitioner to pursue the subsequent writ petition filed by her. In the interest of justice, it is directed that the interim order dated 14.10.2019 passed in the present appeal shall continue to operate for a period of four weeks reckoned from today. The appellant/writ petitioner shall move an application for expeditious hearing in the pending stay W.A.No.1750 of 2017 Page 2 of 3 application filed by her in the subsequent writ petition which, if cleared of all objections, shall be listed before the learned Single Judge as per roster on 20.04.2021, for appropriate orders.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 19.03.2021 Vs/pln W.A.No.1750 of 2017 Page 3 of 3