The State Of Telangana vs. Sher Ali Shah (Died) Per Lrs

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9049 OF 2018 (Arising out of S.L.P.(C) No..23595/2018)

THE STATE OF TELANGANA & ORS. Appellant(s)

Versus

SHER ALI SHAH (DIED) PER LRS & ORS. Respondent(s)

O R D E R

Heard the counsel for the parties. Leave granted.

Let the writ appeal be decided expeditiously considering the nature of the dispute as structure has already been constructed and there is order of removal.

It was urged by Shri K. Radhakrishnan, learned senior counsel that writ petition could not have been entertained by the Single Bench in a matter where the identity of the land was in dispute where the construction has been raised. Thus, the order of removal is bad in law. Be that as it may, without commenting on the merits of the case, we request the High Court to decide the writ appeal as early as possible. However, let demolition to remain stayed

Digitally signed by BALA PARVATHI Date: 2018.09.01 12:23:13 IST Reason:

Signature Not Verified

during pendency of writ appeal.

Let the writ appeal be decided as far as possible within three months.

The civil appeal is accordingly, disposed of.

Pending applications, if any stand disposed of.

........................J. (ARUN MISHRA)

........................J. (INDIRA BANERJEE)

New Delhi, August 30,2018

ITEM NO.11 COURT NO.8 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for special leave to appeal No. 23595/2018

THE STATE OF TELANGANA & ORS. Appellant(s)

VERSUS

SHER ALI SHAH (DIED) PER LRS & ORS. Respondent(s) (With appln for exemption from filing c/c of the impugned judgment) Date : 30-08-2018 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE For Appellant(s) Mr. K.Radhakrishnan,Sr.Adv. Mr. P.Venkat Reddy,Adv. Mr. Prashant Tyagi,Adv. M/S.Venkat Palwai Law Associates,AOR

For Respondent(s) Mr. Rauf Rahim,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

(B.PARVATHI) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER

(Signed order is placed on the file)