Kuruva Kollampally, vs The State Of Telangana,
2021 Latest Caselaw 495 Tel

Item No.32




     0THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                  AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                 WRIT APPEAL No.1140 OF 2017

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.    The appellant (respondent No.7 in W.P.No. 24969 of 2017 filed

by the respondent No.7 herein/writ petitioner) is aggrieved by the

order dated 27.07.2017 passed by the learned Single Judge in an

interim application (W.P.M.P.No.30933 of 2017) moved by the writ

petitioner directing the respondent authorities to take action against

the encroachment on Government land opposite his house. By the

interim order, the learned Single Judge has directed that the

respondent authorities shall remove the encroachment in question.

2. We may note that vide interim order dated 11.08.2017, passed

in the present proceedings, the action of demolition in respect of the

subject tea stall has been stayed and the said order is continuing to

operate in favour of the appellant.

3. On enquiring from learned counsel for the appellant as to

whether a counter affidavit has been filed by his client in the writ

petition by now, the reply is in the negative.

4. Learned counsel for the respondent No.7/writ petitioner states

that he will be satisfied if the appellant is granted a fixed timeline for

filing the counter affidavit so that the writ petition can be heard and

disposed of.

5. Last opportunity of three weeks is granted to the appellant to

file the counter affidavit in the pending writ petition with a copy to

learned counsel for the respondent No.7/writ petitioner, who may file

Rejoinder within two weeks thereafter.

6. The present appeal is disposed of along with the pending

applications, while directing the parties to appear before the learned

Single Judge on 22.03.2021, for fixing an actual date of hearing for

disposal of the writ petition. The interim order dated 11.08.2017, as

extended on 16.08.2017, shall continue to operate till the next date

fixed before the learned Single Judge, for the parties to address the

Court for further appropriate orders to be passed.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 22.02.2021 Lur/pln