M.M.Shakeel v. Telangana State Road Transport Corporation Nizamabad

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.20831 of 2016 ORDER:

Heard Mr.Mohd.Moin Ahmed Quadri for petitioners and Sri N.Praveen Standing Counsel for respondents 1 to 3. The petitioners challenge Notice No.AM(P)/ 785(1)/ 2016-BDN, dated 04.06.2016, as illegal and without jurisdiction. On 29.06.2016, this Court granted interim stay of all further proceedings pursuant to notice, dated 04.06.2016. The respondents filed petition to vacate the interim order and in the counter affidavit filed along with vacate stay petition, several aspects, which have bearing on the notice and incidental circumstances are stated.

Having regard to the stand taken in the counter affidavit, the counsel for petitioners requests two weeks time to file reply/ explanation to the notice impugned in the writ petition. The standing counsel for respondents submits that the petitioners claiming protection of the interim order granted by this Court on 29.06.2016 are changing the physical features and if petitioners are successful in their attempts, it would be very difficult for the respondent Corporation, thereafter to demolish or dispossess petitioners. The standing counsel, however, submits that the respondents are prepared to receive explanation, consider and pass orders in accordance with law.

The statements are placed on record.

The writ petition is disposed of by this order. (a) The petitioners are given two weeks time from today to submit reply/ explanation to the notice impugned in the writ petition.

(b) The respondents are given liberty to collect evidence of physical features of the subject matter of writ petition as on date.

(c) The parties are directed to maintain status-quo as regards physical features as on date. (d) The respondents are given liberty to communicate the obligation to maintain statusquo as regards physical features by the parties till the reply/ explanation is considered and appropriate orders are passed.

(e) The respondents are directed to pass orders within four weeks from the date of receipt of reply/ explanation, basing on the material on record.

Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.

_____________ S. V. BHATT, J Dt: 12.09.2017 Prv