HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6671 of 2005 Date : 06-08-2014 Between:
The Garrison Engineer (South), Mudfort, Secunderabad. … Petitioner and St. Joseph’s High School, rep. by its Principal, Trimulgherry, Secunderabad And another … Respondents ORDER:
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6671 of 2005 This writ petition, filed under Article 226 of the Constitution of India, challenges the order passed by the Chief Judge, City Civil Court, Hyderabad in C.M.A.No.118 of 2000 dated 08.10.2002.
Heard Sri Koti Reddy Idamakanti, learned counsel for the writ petitioner and Sri Thomas George, learned counsel for the 1st respondent institution, apart from perusing the material available on record.
This matter arises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (‘the Act’, for brevity).
The petitioner herein made a complaint against the 1st respondent under the provisions of the Act, complaining encroachment of the defence land, admeasuring 200 sq. metres and the 2nd respondent took up the same as Case No.1178/3/286(Q) of 2000. The 2nd respondent Estate Officer, by virtue of an order dated 25.03.2000, ordered eviction of the 1st respondent from the subject premises. Aggrieved by the said order passed by the Estate Officer, the 1st respondent-institution preferred C.M.A.No.118 of 2000 on the file of the Court of Chief Judge, City Civil Court, Hyderabad. The learned Chief Judge passed an order on 08.10.2002, allowing the C.M.A.No.118 of 2000 thereby setting aside the order of eviction passed by the Estate Officer.
Calling in question, the validity and the legal acceptability of the said order, the present writ petition has been filed.
Pending the writ petition, an affidavit deposed by the Principal of the 1st respondent institution has been filed, stating as follows:
"Under the above circumstances, I, the deponent herein, duly state on oath that the Respondent/School is no longer required the disputed extent of land together with the septic tank constructed in it and the writ petitioner can take over the said extent and are at liberty to dismantle the septic tank therein with their costs/ expenses and for the same the Respondent/School has no objection in whatsoever nature. I also submit that as the lease in respect of the School with the appurtenant land is subsisting and continuing, the Writ Petitioner shall not in any manner interfere with the same till the lease is expired without following due process of law. Hence this Affidavit."
In view of the said affidavit dated 01.08.2014 and the statement of the deponent therein, as extracted above, this Court deems it appropriate to dispose of the present writ petition.
For the aforesaid reasons and keeping in view the statement made by the Principal of the 1st respondent-institution in the affidavit dated 01.08.2014 and also keeping in view the nature of controversy and the nature of activities being carried on by the 1st respondent- institution, this writ petition is disposed of, permitting the petitioner herein to take over the subject property and to dismantle the septic tank situated therein at their own expenses. In view of this, the order dated 08.10.2002 passed by the Chief Judge, City Civil Court, Hyderabad in C.M.A.No.118 of 2000 is hereby set aside. There shall no order as to costs. As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
A.V.SESHA SAI, J Date: 06.08.2014
siva
HON’BLE SRI JUSTICE A.V.SESHA SAI 71 WRIT PETITION No.6671 of 2005 Date : 06-08-2014 siva