Telangana High Court
The State Of Telangana And 8 Others vs M/S Shantha Sriram Constructions ... on 16 November, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.598 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of interim order dated
20.10.2021 passed in W.P.No.25834 of 2021 by the learned Single
Judge.
The undisputed facts of the case reveal that in respect of the
property dispute between the State of Telangana and the
respondent in the present writ appeal, a writ petition was preferred
i.e., W.P.No.5049 of 2016 and the same was disposed of by order
dated 08.03.2021. The undisputed facts further reveal that while
disposing of the writ petition, the learned Single Judge has granted
stay in favour of M/s. Shantha Sriram Constructions Private
Limited directing the State Government not to interfere with the
possession and enjoyment of the petitioner therein unless they
obtain a decree from the competent civil Court. A liberty was
granted to the State of Telangana also to approach the civil Court.
The order passed by the learned Single Judge was subjected to
judicial scrutiny for filing a writ appeal by the State of Telangana
and in W.A.No.150 of 2021 decided on 02.07.2021 a Division
Bench of this Court has stayed the order passed by the learned
Single Judge granting stay order and liberty was granted to the
State Government to approach the Civil Court and the trial Court
was also granted liberty to pass appropriate orders on the stay
application. The order of the learned Single Judge granting stay
was suspended for four weeks. The State of Telangana has
preferred a civil suit as per the liberty granted in the matter and an
interim order directing the parties to maintain status quo has been
passed on 04.10.2021. The civil suit is still pending. The matter
has to be adjudicated in respect of title of the parties. The order of
status quo is very much in existence. However, again a writ
petition i.e., W.P.No.25834 of 2021 has been preferred before the
learned Single Judge stating that the State is interfering in the
peaceful possession of M/s. Shantha Sriram Constructions Private
Limited and the learned Single Judge has granted an interim order
on 20.10.2021.
Learned Government Advocate has argued before this Court
that once the order of status quo is granted and the civil suit is
pending, there was no occasion for passing any order and M/s.
Shantha Sriram Constructions Private Limited was having a liberty
to approach the trial Court in case the order of injunction was
violated and to file appropriate interlocutory application in the
pending civil suit. He has been able to make out a prima facie case
to stay the order dated 20.10.2021 passed by the learned Single
Judge in W.P.No.25834 of 2021.
Resultantly, the order dated 20.10.2021 passed in
W.P.No.25834 of 2021 is stayed. At this stage, it has been
informed that an application for vacating the stay has already been
filed before the learned Single Judge. Therefore, with the consent
of the parties, the writ appeal stands disposed of with liberty to the
parties to argue the matter on merits before the learned Single
Judge. The parties shall appear before the learned Single Judge on
22.11.2021. Office is directed to list the matter before the learned
Single Judge on 22.11.2021. It is made clear that this Court has
not observed anything on merits and the learned Single Judge shall
be free to decide the writ petition in accordance with law, after
hearing the learned counsel for the parties.
Miscellaneous petitions, if any, shall stand closed. There
shall be no order as to costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
______________________________
A. RAJASHEKER REDDY, J
16.11.2021
ES
