A writ petition challenging the seizure of a crushing unit by the Warangal Hyderabad State Financial Corporation was dismissed. The court held that the petitioner had no privity of contract and the appropriate remedy lies in the Civil Court.
Petitioner not granted relief; Writ Petition dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
MONDAY, THE FIFTEENTHDAYOF NOVEMBER TWO THOUSANDANDTWENTYONE
PRESENT
. THE HON'BLE SRIJUSTICE T.VINOD KUMAR
WRIT PETITIONNO.2783 0F 2021
Between:
AND"'-i ft," state of Telangana, Rep.by its p-rincpal Secretary, Department of Revenue, Secretariat Buildingl,Hvderabad500 022'
ilaiah, Mancherial, ased Adilabad. "ooui"ii'leuis, ...RES'ONDENTS
...RES'ONDENTS
Petition underArticle226 of lhe Constitution of lndia prayingthat in the circumstancesstatedintheaffidavitfiledtherewith,theHighcourtmaybepleased toissueaWritorDirectionoranorderwhichparticularlyinthenatureofWR|T oFMANDAMUSdeclaringtheactionoftherespondents2and3inseizingthe CrushingunitalongwithMachineryofthepetitionersSituatedinSy.No'122(12414 and124tB)admeasuringl-5HectaressituatedatBasireddypallyvillage' BachannapetMandal,Warangal districtis illegal, arbitrary,and violation of Principles of Natural Justice.
IA NO:1 0F 2021
Petition under Section 151 CPC prayingthat in the circumstancesstated in the affidavitfiled in supportof the petition, the High court may be pleased to direct thereSpondentstorestorethepetitionercrushingunitalongwithtvlachineryofthe petitioners situated tn Sy.No. 122(124tA& 12418)admeasuring1-5 Hectares nnapet Mandal,Warangaldistrict forthwith situated atBasireddypallyvillage' Bacha pending disposalof the main WritPetition
Counselfor the Petitioner:SRI MOHD'GULAMRIAS,QOL il;;;i ior the RespondentNo'1:GP FoR REVENUE ;;;;;i forthe Respondent Nos'2 & 3: Mr' M' HAMSA RAJ Counsel forthe ResPondent No'4: .-
The Court madethe following: ORDER
IIONOUTTAI}LE SRI JUSTICET.VINODKU}lAIT
,,
:
1, i
WRIT PETITION No.2783 ol 2021
ORDER:
This Writ Petition is flled with the followingprayer:
"....to issue a Writ or Direction or an Order which particularly in the nature of Writ of Mandamus declaringthe action of the respondents 2 and 3 in seizing theCrushing unit along with Machinery of thepetitioners situatedin Sy.No.l22( 124/A & 124/B) admeasuring 1-5Hectares situate(l at Basireddypally village, BachannapetMandal, Ilarangal district as illegal, arbitrary, and violation of Principles of Natural Justice andpass such other ororders as this Hon'ble High Court deemed fit and proper inthe circumstances of the case."
..r..
W.P.No. I 784 of 2021, petitioner also stands on the same footing.
closed.
SD/-K,AMMAJI ASSISTANT REGISTRAR l--//TRUE COPY/I SECTION OFFICER
To, 1. One CC to Sri Mohd.GulamRasool,Advocate [OPUC] 2: f*o CCi io GP forRevenue,High Courl for the State of Telanganaat Hvderabad. [OUTI
T/P
)-
HIGH COURT
DATED:15111nA21
ORDER
inE sraIr-
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09 Drc?Bzl ()
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WP.No.2783 of 2021
DISMISSING THE WRIT PETITION WITHOUT COSTS.
0&,(^ ,e \" o
2 issues framed by the court
Whether the High Court should issue a writ declaring the seizure of a crushing unit illegal and arbitrary.
Whether the petitioner has the right to approach the High Court instead of the Civil Court regarding contract privity.
Abdul Shahid
Anwar
State of Telangana
Warangal Hyderabad State Financial Corporation
Branch Manager Hanamkonda
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
