HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT APPEAL No.1038 OF 2014
DATED: 30.07.2014 Between:
M/s.S.S.C. – JV, a Joint Venture Company … Appellant And The Hyderabad Metropolitan Development Authority and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT APPEAL No.1038 of 2014
JUDGMENT: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
We simply do not decide this matter as it will be an act of indiscipline because the Hon’ble Trial Judge has heard the matter very finally and reserved the judgment. If any decision is taken on this appeal, it will have the cascading effect on the mind of the learned Trial Judge. We keep all points open. Only we desire that His lordship do the justice and delivers the judgment as early as possible.
Learned Senior Counsel for the appellant on instructions submits that four weeks’ time shall be granted to the appellant to remove its machines and other equipments, which are installed at the site.
On that account, we permit for the said period. In this case, pursuant to the order passed by the learned Trial Judge, fourth respondent has admittedly started toll operations as per the agreement, dated 18.07.2014.
Therefore, in our considered opinion, the appellant has no right to continue the collection of user fee once the fourth respondent commences toll operations.
We therefore, do not find any reason to interfere with the impugned order and the same is accordingly dismissed. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand dismissed.
30th JULY, 2014.
K.J. SENGUPTA, CJ M.S.RAMACHANDRA RAO, J kvni