B. Sudershan Reddy And 13 Others vs The State Of Telangana And 5 Others
2021 Latest Caselaw 771 Tel

Item No.14
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                           W.A.No.81 of 2021

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


1.     The present appeal is directed against an interim order dated

01.02.2021 passed by the learned Single Judge on a stay application

moved by the appellants/writ petitioners in W.P.No.213 of 2021

praying inter alia that the respondent/civic authority be restrained

from carrying on the construction of a crematorium in an area

measuring Acs.6.20 guntas in Survey No.34 of Fathullaguda Village,

Nagole, Uppal Mandal, Medchal-Malkajgiri District, pending disposal

of the writ petition.

2. By the interim order, the learned Single Judge has dismissed

the stay application moved by the appellants/writ petitioners by

observing that they have not placed any data before the Court of any

inconvenience caused to the residents living in the vicinity due to the

construction of the cremation ground, that the balance of convenience

is not in favour of the appellants/writ petitioners and that public

interest should outweigh private interest.

3. It has been stated by learned counsel for the respondent

No.2/GHMC and the respondent No.3/HMDA that 90% of the work at

the site stands completed. However, the cremation ground is still not

operational.

4. On enquiring from learned counsel for the parties as to the

status of the writ petition, we are informed that pleadings are

complete, though no actual date of hearing has been fixed thereafter.

5. In view of the fact that the writ petition is still pending

adjudication and the order assailed in the present appeal is only

interim in nature, the present appeal is disposed of along with the

pending applications, if any, with a request to the learned Single

Judge to fix the matter for final hearing on a convenient date. The

parties shall appear before the learned Single Judge on 25.03.2021, for

a date to be fixed.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

15.03.2021 JSU/pln