The Commissioner And 3 Others vs P. Raghuveer And Another

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                       I.A.No.1 of 2019
                             AND
                 WRIT APPEAL No.605 of 2019

COMMON JUDGMENT:         (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

25.02.2014 passed in W.P.No.5405 of 2014 by the learned

Single Judge.

     The State Government as well as the Greater Hyderabad

Municipal Corporation are parties to the main writ petition

i.e., W.P.No.5405 of 2019. A writ appeal was preferred by the

Greater Hyderabad Municipal Corporation against the same

interim order i.e., W.A.No.1103 of 2014 and this Court has

disposed of the writ appeal. Meaning thereby, the interim

order was affirmed by the Division Bench granting status quo

till the disposal of the writ petition. The order passed by the

Division Bench is reproduced as under:

            "We do not want to interfere with the impugned order
     as the writ petition is stated to be still pending. We are of
     the view that the hearing of the writ petition may be
     expedited. However, as both parties are claiming that they
     are in possession, we direct that status quo obtaining as on
     today shall be maintained by them till the disposal of the
     writ petition.
            The writ appeal is accordingly disposed of. Pending
     miscellaneous petitions, if any, shall stand closed. No order
     as to costs.'


     Now the State Government has filed the present writ

appeal against the same interim order after five years.
                                 2




      I.A.No.1 of 2019 is filed to condone the delay of 1954

days in filing the present writ appeal.

      This Court after careful consideration of the averments

made in the application for condonation of delay specially in

the light of the order passed in W.A.No.1103 of 2014 by which

status quo has been granted, does not find any reason to

condone the delay.

      Resultantly, the application for condonation of delay

stands rejected.    As a consequence, the writ appeal stands

dismissed. However, a request is made to the learned Single

Judge to decide the main writ petition at an early date.

Parties shall appear before the learned Single Judge on

07.12.2021 and the learned Single Judge is requested to

decide the lis between the parties at an early date. At this

stage, learned counsel for the respondents has informed this

Court that 3 other connected writ petitions i.e., W.P.Nos.22742 of 2013, 3014 of 2017 and 5405 of 2014 are also pending on the same issue. Office is directed to list all the matters before the learned Single Judge on 07.12.2021.

Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 24.11.2021 ES