The Chief Justice dismissed a writ appeal challenging an interlocutory order that refused injunction on mining execution for a core water reservoir project, leaving merits open pending国家一级 writ petition pleadings.
Writ appeal dismissed; liberty to move Single Judge for early disposal after pleadings filed. No order as to costs.
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HON’BLE THE CHIEF JUSTICE SRI THOTTATHIL B.RADHAKRISHNAN AND HON’BLE SRI JUSTICE S.V.BHATT
WRIT APPEAL No.1455 of 2018
JUDGMENT : (ORAL) (Per Hon’ble The Chief Justice)
Heard Mr. Vedula Venkata Ramana, learned Senior Counsel for appellant/writ petitioner in this intra Court/letters patent appeal challenging the order, by which, the learned Single Judge refused to grant an order in the nature of prohibition from proceeding further in execution of Mission Bhagiratha Project in the area in question. We have also heard the learned Assistant Solicitor General and the learned Special Government Pleader for the State of Telangana.
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mine iron ore over 124.189 hectares in Boddugonda village of Mahabubabad District.
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interlocutory order has been rendered by the learned Single Judge stating reasons thereby evidencing fair application of mind on the facts and to the circumstances of the case. We are, therefore, of the view that the interlocutory order issued by the learned Single Judge does not warrant interference at the hands of this Court through an intra Court/letters patent appeal.
appearing for the State of Telangana has submitted that the pleadings of the official respondents of the State Government will be on record before the learned Single Judge within a period of two weeks from now. We record that submission and direct that the pleadings shall be placed within the said time frame. If the Central Government authorities are desirous of placing pleadings on record, let that be also done within a period of two weeks from today, which would enable the learned Single Judge to consider the request for expeditious disposal of the writ petition.
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contentions and all issues will stand open. If a request for early disposal is made by the petitioner before the learned Single Judge, we are sure that it would be sympathetically considered.
as to costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ
________________
S.V. BHATT, J
8 th November, 2018
ajr
1 issue framed by the court
Whether the interlocutory order of the Single Judge refusing prohibition in execution of Mission Bhagiratha Project warrants interference in this appeal.
Writ Petitioner/Appellant
State of Telangana
Thottathil B. Radhakrishnan
S.V. Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
