Disposed

B.Chellayamma, W/o.late Thata Rao, v. The Hindustan Shipyard limited

Telangana HC7 Oct 2013WP/28979/2013

Case brief

AI extract

What is this about?

The Writ Court directed the Principal District Judge, Visakhapatnam, to dispose of the petitioner's interlocutory applications in her pending appeal within two weeks, despite strikes by lawyers and ministerial staff. The court held that citizens' legal rights cannot be indefinitely suspended due to industrial action.

What did the court decide?

Writ Petition disposed; Petitioner directed to have interlocutory applications disposed within two weeks or file processed via alternative arrangements.

B.Chellayamma, W/o.late Thata Rao, Vs The… — Civil Procedure and Limitation | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28979 of 2013

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Date:07.10.2013

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Between:

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B.Chellayamma, W/o Late Thata Rao

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…..Petitioner

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And:

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The Hindustan Shipyard Limited, Visakhapatnam, Reptd by its Estate Officer.

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.....Respondent

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Counsel for the Petitioner: Sri P.Durga Prasad Counsel for the Respondent: Sri V.B.Subrahmanyam Standing Counsel for Hindustan Shipyard Ltd.

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The Court made the following: ORDER:

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This Writ Petition is filed for a Mandamus to declare the action of the respondents, in locking Quarter No.S.M.Nos.4 and 5, Old Colony, Gandhigram Post, Visakhapantam and in threatening to allot the same in favour of third parties, pending the appeal filed by the petitioner, as illegal.

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The petitioner suffered an order of eviction on 24.11.2011 under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short ‘the Act’). Initially, the petitioner filed O.S.No.73 of 2012 in the Court of the VI Junior Civil Judge, Visakhapatnam for permanent injunction. Later, realising that the said remedy is inappropriate, the petitioner filed an appeal under Section 9 of the Act on 01.08.2013 in

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the Court of the learned Principal District Judge, Visakhapatnam and the same was treated as G.R.No.11169 of 2013. The petitioner is also stated to have filed I.A.No.1782 of 2013 for condonation of delay in filing the appeal and another application for stay of his eviction. An urgent notice was ordered by the learned District Judge on 22.08.2013. The petitioner further pleaded that because of the on-going strike in the Seemanndhra region by the lawyers and the judicial ministerial employees, the petitioner’s application was not being taken up.

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In my opinion, the legal rights of the citizens cannot be kept under suspended animation endlessly. Gracefully, the judicial officers have been functioning even though they may not be receiving support from the ministerial staff. The interests of the litigants cannot be jeopardised in the name of strikes. Therefore, the Principal District Judge, Visakhapatnam, is directed to dispose of the petitioner’s interlocutory applications stated to have been filed in the appeal at the earliest possible time, preferably within a period of two weeks from the date of receipt of a copy of this order, if necessary by making alternative arrangements for processing the case file relating to the petitioner.

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Subject to the above directions and observations, the Writ Petition is disposed of.

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As a sequel to disposal of the Writ Petition, W.P.M.P.Nos.35982 and 35983 of 2013 are disposed of as infructuous.

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____________________________ JUSTICE C.V.NAGARJUNA REDDY

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07^th October 2013 Note: Registry shall mark a copy of this Order to the Principal District Judge, Visakhapatnam. B/o

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B.Chellayamma, W/o.late Thata Rao, v. The Hindustan Shipyard limited

Case brief

What is this about?

What did the court decide?

B.Chellayamma, W/o.late Thata Rao, v. The Hindustan Shipyard limited

Case brief

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What did the court decide?

What the court decided

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