Smt R. Sumathi, vs Special Grade Deputy Collector ...
2021 Latest Caselaw 862 Tel

Item No.8


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


                  WRIT APPEAL No.1750 of 2017

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


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

27.10.2016 passed by the learned Single Judge dismissing

W.P.No.14100 of 2005 filed by her challenging the show cause notice

dated 25.05.2005 issued by the respondents No.2 and 3 proposing to

resume the land admeasuring Acs.3.00 situated in Survey No.471/2 of

Gowdelly Village, Medchal Mandal, Ranga Reddy District. While

dismissing the writ petition, the learned Single Judge observed that

the appellant/writ petitioner is at liberty to file an explanation to the

show cause notice within eight weeks and till such time, the status

quo order granted in her favour was directed to be continued. If the

appellant/writ petitioner did not furnish the explanation within the

time granted, then the respondents would be entitled to take

appropriate action in accordance with law.

2. It is the submission of learned counsel for the appellant/writ

petitioner that the appellant/writ petitioner had immediately applied

for a certified copy of the impugned order, which was made available

to her by the Registry some time in January, 2017. The reply was

submitted on 31.03.2017 which was decided on 09.09.2019.

Aggrieved by the said order, the appellant/writ petitioner has filed

another writ petition registered as W.P.No.3621 of 2020, which is

pending adjudication before the learned Single Judge.

3. In view of the aforesaid subsequent developments, we do not

see any reason to continue with the present appeal.

4. Learned counsel for the appellant/writ petitioner states that vide

order dated 14.10.2019 it was directed that the parties shall maintain

status quo obtaining as on the said date and if the present appeal is

disposed of, then the status quo order would stand automatically

vacated to the detriment of the appellant/writ petitioner particularly,

when the interim application filed by the appellant/writ petitioner in

the subsequent writ petition is still pending where no orders were

passed in view of the status quo orders passed in the present appeal.

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

applications, if any, with liberty granted to the appellant/writ

petitioner to pursue the subsequent writ petition filed by her. In the

interest of justice, it is directed that the interim order dated 14.10.2019

passed in the present appeal shall continue to operate for a period of

four weeks reckoned from today. The appellant/writ petitioner shall

move an application for expeditious hearing in the pending stay

application filed by her in the subsequent writ petition which, if

cleared of all objections, shall be listed before the learned Single

Judge as per roster on 20.04.2021, for appropriate orders.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

19.03.2021 Vs/pln