THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.434 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Writ Appeal is arising out of order dated
28.04.2021
passed in W.P.No.8292 of 2021 by which the learned Single Judge has declined to grant interim order in the matter.
The order passed by the learned Single Judge reveals that a statement was made by the learned Special Government Pleader that the State Government took possession of the land in the year 2008 and is in continuous possession and there are no structures on the said land. It was the surplus land.
Learned counsel for the appellants has argued before this Court that the appellants are in possession of the land in question.
In the considered opinion of this Court, the controversy in the present case has to be decided on merits and this Court does not find any reason to interfere with the order passed by the learned Single Judge. The learned Single Judge is requested to hear the matter and decide the same as expeditiously as possible, preferably within a period of thirty (30) days from today.
The Writ Appeal stands disposed of.
Office is directed to list the matter before the learned Single Judge having the roster on 25.10.2021. 2
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 20.10.2021 ES