University Of Hyderabad vs State Of Telangana
2021 Latest Caselaw 548 Tel

Item No.2


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


                    WRIT APPEAL No.49 of 2021

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


1.    The appellant/writ petitioner is aggrieved by the interim order

dated 12.01.2021 passed in W.P.No.816 of 2021 wherein, directions

were sought to restrain the respondents from interfering in its peaceful

possession and enjoyment of land measuring Acs.18.30 guntas in

Survey No.25/2, Kancha Gacchibouli Village, Serilingampally

Mandal, Ranga Reddy District.

2. In the impugned order, the learned Single Judge has recorded

the statement made by learned Special Government Pleader appearing

for the respondents that they have already laid a road on the aforesaid

land and common people are using the road, which submission was

disputed by learned counsel for the appellant/writ petitioner. After

taking note of the submission made by both sides, the learned Single

Judge has directed status quo as on the date of the passing of the said

order by both parties with a rider that if common people are using the

road, they may be allowed to use the road. It is the rider appended to

the status quo order that has brought the appellant/writ petitioner to

this Court.

3. Learned counsel for the appellant/writ petitioner states that

without following due process of law and in a completely arbitrary

manner the respondents have proceeded to lay a coal tar road on the

land owned by the appellant/writ petitioner and any access thereto by

the public at large is bound to compromise the safety and security of

the students and residents of the University. He submits that it is not

even denied by the respondents that the land beneath the road is

owned by the University and no steps have been taken till date to

acquire the same.

4. The aforesaid submission is, however, disputed by learned

Advocate General as also by Mr. S. Niranjan Reddy, learned Senior

Counsel appearing for the respondent No.2/GHMC, who assert that

the land underneath the coal tar road is not owned by the University.

5. The aforesaid aspect is pending consideration before the learned

Single Judge and therefore we are refraining from making any

observations in that regard, more so, when a counter affidavit has yet

to be filed by the respondents. However, it is deemed appropriate to

modify the interim order dated 12.01.2021 by directing the parties to

maintain status quo in respect of the subject land where the coal tar

road is stated to have been laid, while restraining access thereto by

third parties who are not residents or students of the appellant

University. The modified interim order shall continue to operate till

the writ petition is finally decided.

6. The appeal is disposed of with the aforesaid direction, along

with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

24.02.2021 vs