The State Of Telangana And 3 Others vs M/S Shantha Sriram Constructions ...
2021 Latest Caselaw 1918 Tel

Item No.20

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

                         W.A.No.150 OF 2021

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

1.

This order is in continuation of the order passed on 21.06.2021

on which date, Mr. Harender Pershad, learned Special Government

Pleader had sought time to obtain instructions from the Department as

to whether the State proposes to institute a civil suit in respect of the

subject land. Today, he submits that he has instructions to state that

the present appeal may be disposed of with liberty to the appellants/

State to approach the Civil Court and file a civil suit for claiming title

and possession of the subject land.

2. Learned counsel for the appellants however requests that

operation of the impugned order passed by the learned Single Judge

directing the appellants to restore the subject land, may be stayed till

the appellants take steps to approach the trial court by filing a suit. He

clarifies that the subject land is presently a vacant parcel of land,

which is under the control of the Tahsildar.

3. In view of the submission made hereinabove, leave as prayed

for, is granted. The present appeal is disposed of along with the

pending applications, if any. The operation of the impugned order

shall remain stayed for a period of four weeks reckoned from today to

enable the appellants to seek appropriate legal recourse. It is

however made clear that the aforesaid protection granted to the

appellants shall not be construed as an observation on the merits of the

suit that the appellants propose to institute. The learned trial court

shall be at liberty to pass appropriate orders on the stay application

that may be filed by the appellants along with plaint, uninfluenced by

the order passed above.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

02.07.2021 Lrkm