M.D. Anwar And 13 Others vs The State Of Telangana And 3 Others
2022 Latest Caselaw 919 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                       WRIT APPEAL No.91 OF 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

28.01.2022 passed by the learned Single Judge in W.P.No.4626

of 2022.

        The learned Single Judge has dismissed the writ petition,

which was in respect of eviction of the appellants/writ

petitioners. However, the learned Single Judge has granted a

month's time to vacate the premises in question.

        Sri B. Mayur Reddy, learned counsel for the appellants, is

fair enough in stating before this Court that the appellants/writ

petitioners are ready to vacate the premises in question.

However, he has stated that the appellants/writ petitioners have

suffered heavy business loss on account of COVID-19 pandemic

and still the pandemic has not come to an end.                        The shop

keepers do not have alternative place to run their business and

they need some more breathing time in the matter. It has been

stated that some of the shops are pharmaceutical shops.                    He

has prayed for grant of six months time to vacate the shops.

        Learned counsel for the respondents has stated that six

months time may not be granted in the matter, as the shops are

in dilapidated condition and the appellants/writ petitioners are

not entitled to continue the shops after termination of leases.

This Court, keeping in view the totality of circumstances

of the case and keeping in view the COVID-19 pandemic, is of

the opinion that six months time is reasonable time which can

be granted to all the shop keepers to vacate the premises in

question.

A copy of the undertaking signed by the appellants/writ

petitioners has also been handed over to us, wherein it has been

categorically stated that they will be vacating the shops within

six months i.e., they be permitted to continue from 01.03.2022

to 30.08.2022.

In the light of the aforesaid undertaking, the present writ

appeal stands disposed of. The respondents shall permit the

appellants/writ petitioners to continue for a period of six

months. It is further made clear that in case the shops are not

vacated, the appellants/writ petitioners shall be exposing

themselves towards contempt of court proceedings and the

Corporation shall be free to proceed against them.

Resultantly, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

25.02.2022 JSU