The court dismissed a writ petition filed under Article 226 challenging the respondent's attempt to dispossess petitioners, upholding counsel's submission that the identical relief was already adjudicated in a prior order.
Writ petition dismissed; no order as to costs; miscellaneous petitions closed.
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THE HON'BLE SRI M.SATYANARAYANA MURTHY WRIT PETITION No.11205 of 2020
ORDER :
The present Writ Petition, under Article 226 of the Constitution of India, is filed to issue a writ of Mandamus declaring the action of the respondent No.4, in attempting to dispossess the petitioners from their land an extent of Ac.0.40 cents of the 1st petitioner and to an extent of Ac.0.60 cents of the 2nd petitioner in Sy.No.178/2 of Mudapka village, Pendurthi mandal, Visakhapatnam District even though the statutory appeal is pending before the 3rd respondent, as illegal and arbitrary.
Sri A.S.C.Bose, learned counsel for the petitioners, submits that the petitioners herein earlier filed W.P.No.10961 of 2020 before this Court for the self-same relief and the same was disposed of on 06.07.2020 and, therefore, no further adjudication is required in the present Writ Petition.
Recording the above submission, Writ Petition is dismissed. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending in this Writ Petition, shall stand closed.
1
_____________________________ M. SATYANARAYANA MURTHY, J
10th July, 2020 Tsy
2
2 issues framed by the court
Whether a duplicate writ petition filed for the same relief earlier disposed of should be adjudicated anew.
Whether an attempt to dispossess petitioners while a statutory appeal is pending is illegal and arbitrary.
1 provisions across 1 enactments
Petitioners
Respondent No.4
3rd Respondent
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
