The Writ Petition was dismissed as the Court held that disputed questions of fact raised in the affidavit cannot be adjudicated under Article 226. No further hearing or adjudication was deemed required, rendering the petition devoid of merits.
The Writ Petition is dismissed. No order as to costs.
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THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 16191 of 2005
Dated:19-09-2005
Between:
Velagala Pattabhi Rama Reddy.
….. PETITIONER
AND
The Deputy Superintendent of Police, Kovvur, W.G.District and others.
.....RESPONDENTS
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 16191 of 2005
ORDER:
On 16-09-2005, none appeared for the petitioner and the matter is posted to today for dismissal. Today, when the matter is called in the morning, a request has been made to pass over the matter and accordingly, passed over the matter. In the afternoon, it is represented that the learned counsel for the petitioner is engaged in other court.
The allegations mentioned in the affidavit filed by the petitioner have been specifically controverted by the respondents-Police in their counter-affidavit.
Such disputed questions of fact cannot be decided and determined by this Court in exercise of powers conferred under Article 226 of the Constitution of India and the remedy of the petitioner is otherwise. In that view of the matter, no further adjudication is required and the writ petition is devoid of merits. Accordingly, the Writ Petition is dismissed. No order as to costs.
19-09-2005
sj
1 issue framed by the court
Whether disputed questions of fact can be decided by the Court under Article 226.
1 provisions across 1 enactments
Velagala Pattabhi Rama Reddy
The Deputy Superintendent of Police, Kovvur, W.G.District
K.C. BHANU
As recorded by the court registry
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