Dismissed

Martha Srinivas, v. The State of Telangana

Telangana HC13 Aug 2021WP/18194/2021

Case brief

AI extract

What is this about?

Writ petition challenging a temporary injunction granted by an Agency Court was dismissed for non-exhaustion of remedies. The Court held that the petitioner must first appear before the Agency Court and seek vacation of the order under applicable provisions before approaching the High Court under Article 226.

What did the court decide?

Petitioner granted liberty to appear before the Special Assistant Agent to Government Mobile Court to prosecute the interlocutory application.

Martha Srinivas, Vs The State of Telangana — Landlord and Tenant | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdictrion)

¶2

FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE P, NAVEEN RAO

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wRtT PET|T|ON NO. 18194 0F 2021

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Betwee n:

¶7

1, Martha Srinivas, S/o.Buchi lvlallu/Age. 44 years, Occ. Lorry Driver

¶8

Vemula Chandra Shekhar, S/o,Late Rajesham,Age.36 years, Occ.Pvt. employee

¶9

Both are R/o. H.No. 5-2-35, NK Nagar, Chunchupally Ir,4andal BhadradnKothagudem District

¶10

lVlartha Swapna, W/o.N/artha Srinivas 1D/o.Vemula Rajesham @ Rajesh,age 39 years, occ. House wife 1 & 3 R/o, H.No.5-2-35/1 , N.K. Nagar, Chunchupalli, Kolhagudem Bhadradri Kothagudem, Telangana State

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,..PETITIONERS

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AND

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The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat Bldgs, Saifabad, Hyderabad

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2 The District Collector, Bhadradri Kothagudem District

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J The Revenue Divisional officer, Bhadradri Kothagudem District 4 The Sub Divisional Magistrate and Special Assistant, Agent to^government, Bhadrachalam.

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5 The Tahasildar, mandal Bhadradri Kothagudem District

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6 The VRO, Bhadrachalam, Bhadradri Kothagudem District

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7 Vemula Pushpalatha, W/o.Shankar, Age 64 years Occ. House wife Rl/o,H.No. 3- 1-230, Vidayanagar Colony of Chunchupally IVandal, Bhadradri- Kothagudem Distrtct

¶19

...RESP.NDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a writ order or direction more particularly one in the nature of writ of lvlandamus declaring the action of the respondents No. 4 in granting temporary injunction vide IA No 622 of 2021 daled 7-7-2021 in OS No. 593 of 2021 on the file of 4th respondentⁱⁿ respect of house property bearing no. 3-1-230 situated at Vidyanagar Colony, Chunchupally Mandal, Bhad radri-Kothagudem, Telangana as illegal and arbitrary and against Articles 14, 16, 19 and 21 of Constitution of lndia.

¶21

lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the order of the 4th respondent in l.A. No. 622 o'f 2021 daled 7 -7 -2021 in OS No. 593 of 2021 on the file of 4th respondent in respect of house property bearing no. 3-1-230 situated at Vidyanagar Colony, Chunchupally Mandal, Bhadradri-Kothagudem, Telangana.

¶23

Counsel for the Petitioner: Ms. N. ARTHI Counsel forthe Respondent Nos. I to 6: AGP FOR REVENUE Counsel for the Respondent No.7: -

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The Coud made the following: ORDER

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X-'-

¶26

HONOURABLE SRI JUSTICE P.NAVEEN RAC)

¶27

WRIT PETITION No.18194 of 2O21

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ORDER:

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Heard Ms Arthi, learned counsel for the petitioners and Iearned Assistant Government Pleader for Revenue.

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This writ petition is fried challenging the temporary injunction granted by the Sub-Divisional Magistrate and Special Assistant Agent to Government, Bhadrachalam-4ttr respondent in 1.A.No.622 of 2O21 in O.S.No.593 of 202t.

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'l'Ire injunction order was granted on 07.O7.21021 . Even n,ithorrt. liirrrg counter aflidavit and even without going before the 4rr, rcsponcient straight an,ay this writ petition is Iilec. petitioner cannot avail the remcdv under Article 226 of the Constitution of lndia:rgainst the irrjr,rnction order of rhe Agency Court u,irhout llrst appearing before the Agency Court and appiying for vacation of the injunction order.

¶32

The Writ Petition is dismissed granting liberty to the petitioner to appear before the Special Assistant Agent to Government, Mobile Court at Bhadrachalam in the pending suit and prosecute the interlocutory application. It is also open to the petitioner to seek expeditious hearing of the interlocutory application. lf a request is made for expeditious hearilrg the same shall bc considered objectively by the 4th respondent. Pending misce liiLr-rccr-rs pe titrons, if arry,, qhall stand.c,lppsd,

¶33

SD/. T.KRISHNA KUMAR ASSISTANT REGISTR'E '-/ ,TRUE COPY/ I SECTION OFFICER

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To, 1. One CC to Ms, N. Arthi, Advocate IOPUCI

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fwo CCs to GP for Revenue, High^{Court for the State of Telanganaat} Hyderabad. [OUT]

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Two CD Copies.

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4, One Spare Copy. MP TP

*-=-

HIGH COURT

DATED: '1310812021

ORDER

1 HE STA
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7:
I D 2 0 sEP 2021
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¶43

WP.No.18194 of 2021

¶44

D!SMISSING THE WRIT PETITION WITHOUT COSTS,

¶45

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Martha Srinivas, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Martha Srinivas, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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