THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.598 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of interim order dated
20.10.2021 passed in W.P.No.25834 of 2021 by the learned Single
Judge.
The undisputed facts of the case reveal that in respect of the
property dispute between the State of Telangana and the
respondent in the present writ appeal, a writ petition was preferred
i.e., W.P.No.5049 of 2016 and the same was disposed of by order dated 08.03.2021. The undisputed facts further reveal that while disposing of the writ petition, the learned Single Judge has granted stay in favour of M/s. Shantha Sriram Constructions Private Limited directing the State Government not to interfere with the possession and enjoyment of the petitioner therein unless they obtain a decree from the competent civil Court. A liberty was granted to the State of Telangana also to approach the civil Court. The order passed by the learned Single Judge was subjected to judicial scrutiny for filing a writ appeal by the State of Telangana and in W.A.No.150 of 2021 decided on 02.07.2021 a Division Bench of this Court has stayed the order passed by the learned Single Judge granting stay order and liberty was granted to the State Government to approach the Civil Court and the trial Court was also granted liberty to pass appropriate orders on the stay 2 application. The order of the learned Single Judge granting stay was suspended for four weeks. The State of Telangana has preferred a civil suit as per the liberty granted in the matter and an interim order directing the parties to maintain status quo has been passed on 04.10.2021. The civil suit is still pending. The matter has to be adjudicated in respect of title of the parties. The order of status quo is very much in existence. However, again a writ petition i.e., W.P.No.25834 of 2021 has been preferred before the learned Single Judge stating that the State is interfering in the peaceful possession of M/s. Shantha Sriram Constructions Private Limited and the learned Single Judge has granted an interim order on 20.10.2021.
Learned Government Advocate has argued before this Court that once the order of status quo is granted and the civil suit is pending, there was no occasion for passing any order and M/s. Shantha Sriram Constructions Private Limited was having a liberty to approach the trial Court in case the order of injunction was violated and to file appropriate interlocutory application in the pending civil suit. He has been able to make out a prima facie case to stay the order dated 20.10.2021 passed by the learned Single Judge in W.P.No.25834 of 2021.
Resultantly, the order dated 20.10.2021 passed in W.P.No.25834 of 2021 is stayed. At this stage, it has been informed that an application for vacating the stay has already been filed before the learned Single Judge. Therefore, with the consent of the parties, the writ appeal stands disposed of with liberty to the 3 parties to argue the matter on merits before the learned Single Judge. The parties shall appear before the learned Single Judge on 22.11.2021. Office is directed to list the matter before the learned Single Judge on 22.11.2021. It is made clear that this Court has not observed anything on merits and the learned Single Judge shall be free to decide the writ petition in accordance with law, after hearing the learned counsel for the parties.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 16.11.2021 ES