Indian Council Of Social Welfare, vs State Of Telangana

Citation : 2025 Latest Caselaw 1078 Tel
Judgement Date : 5 August, 2025

Telangana High Court

Indian Council Of Social Welfare, vs State Of Telangana on 5 August, 2025

THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
                             AND
         THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN


              WRIT APPEAL No.838 of 2025

JUDGMENT:

We have heard Sri D.V.Sitharam Murthy, learned Senior Counsel, representing Sri P.Soma Shekar Reddy, learned counsel for the appellant, and Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue, appearing for the respondents.

2. This writ appeal is directed against the order dated 01.07.2025 passed in W.P.No.18400 of 2025, whereby the learned writ court has refused to grant any interim order to the appellant as respects the order dated 19.05.2025 passed by the Collector, Ranga Reddy District, in proceedings No.LC1/6797/2001. However, the learned writ court has further observed that if any decision is being taken on the subject land allotted to the appellant and its consequential resumption of the part land, it shall be subject to outcome of the writ petition. 2

3. Learned Senior Counsel for the appellant has questioned the denial of interim order on a number of grounds. Learned Senior Counsel for the appellant further submits that the respondents have not disclosed any specific public purpose for the resumption of the allegedly unused vacant land to the extent of Acs.12.25 guntas.

4. Let it be indicated herein that the order impugned before the writ court was passed after a previous round of litigation between the parties on the basis of a direction passed in W.P.No.4597 of 2025. It has been passed after notice to the appellant. It appears that the respondents have been asked to file the counter affidavit in the writ petition and the matter has been posted to 12.08.2025. The learned writ court has, in the impugned order, also observed that the issues relating to the legality and validity of the order impugned therein could be carefully examined only after filing the counter affidavit.

5. Learned Government Pleader appearing for the respondents submits that the counter affidavit would be 3 definitely filed in the writ petition before the next date of its hearing.

6. In those circumstances, we do not intend to make any comments upon the proceedings pending before the learned writ court.

7. Learned Senior Counsel for the appellant submits that the vacant subject land of Acs.12.25 guntas may be resumed by the respondents any time.

8. However, it appears from the submissions of the learned Senior Counsel for the appellant and the learned Government Pleader for Revenue also that the said piece of land has not been resumed. In such circumstances, we are of the opinion that the appellant may make an application before the learned writ court for modification of the interim order after filing of the counter affidavit within the time specified by the writ court. The learned writ court may consider such application in accordance with law.

9. The instant writ appeal is disposed of accordingly. However, there shall be no order as to costs. 4

Miscellaneous applications pending, if any, shall stand closed.

______________________________________ APARESH KUMAR SINGH, CJ ______________________________________ G.M.MOHIUDDIN, J 05.08.2025 vs