The High Court disposed of the Civil Revision Petition at the admission stage without costs. The Court found merit in the grounds challenging an impugned order that granted police protection without a hearing but did not issue a formal order setting aside the lower court decision in the operative text.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD
FRIDAY, THE FIRST DAY OF DECEMEER TWO THOUSAND AND TWENWTHREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
cIVIL REVISION PETITION NO: 3s06 OF 2023
Petition Under Nlicle 227 of Constitution of lndia aggrieved by the order in l.A.No. 314 of 2023 in l.A.No.41Ol2O22 in O.S.No. 414 of 2022 by the Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam, without following the C.P.C. and Agency laws, behing the pbadirgs and among tfle other grounds. Between:
Angoth Nagesh, S/o Sevya, Aged about 30 years, Occ- Agricultur€, R/o Bhagyanagar Thanda village, Singareni Mandal, Khammam Diskict.
...Petitioner
ANO
Guguloth Suvali, Wo Darasingh, Aged about 62 years, Occ- Agriculture, R/o Bhagyanagar Thanda village, Singareni Mandal, Khammam District.
...Respondent
lA NO: 1 OF 2923
Petition under Section 151 CPC praying that in the circurnstances s(ated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 12-10-2023 in lA No 314/2023 in lA No 41012022 in OS No 41412022 on the file of the Sub-Divisioflal Magistrate and Special Assistant Agent to Government, Mobile Court at. Bhadrachalarn, until dispose of CRP.
Counsel for the Petitioner: SRl. K. MALL{KARJUN, Advocate
Counsel for the Respondents: None Appeared
The Court made the following: ORDER
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THE IIONOURABLE SRI JUSTICE E.V.VENUGOPAL CTVIL REVISION PETITION No.3506 of 2o23 ORDER:
This Civil Revisionpetition is liled by the revision petitioner/defendant aggrieved by, the order dated 12.10.2023 in I.A.No.3l4 of 2023 in LA.No.4lO of 2022 rn O.S.No.414 of 2022 passed by the learned Special Assistant Agent and Sub-Divisional Magistrate, Mobile Court at Bhadrachalam.
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notice on the petitioner. He would further contend that basing on the impugned order dated 12.10.2023 the respondent/ plaintiff herein with the assistance of police is dispossessing the petitioner herein from the suit schedule property, though the petitioner is in continuous possession and enjo5rment of the suit schedule property for the past 40 long years. Therefore, the learned counsel seeks to set aside the impugned order dated 12.1O.2Q23 and afford fair opportunity to the petitioner by service of notice on him to represent his case.
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filed I.A.No.3l4 of 2023 in I.A.No.4lO of 2O22 seeking police protection in this suit schedule property and the same is allowed vide impugrred order dated 12.10.2023. Therefore, this Court is of the considered view that the trial Court has granted ex-parte interim injunction and also the impugned order in favour of respondent/plaintiff without affording a fair opportunity to the petitioner/defendant to represent his case.
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Miscellaneous petitions, if any, pending shall stand
closed.
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DATED:01 11212023
ORDER
CRP.No.3SOG ot 2023
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.THE CIVIL'REVISION PETITION IS DISPOSED OFF AT THE ADMISSION STAGE WITHOUT COSTS.
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2 issues framed by the court
Whether to set aside an impugned order allowing police protection without a hearing to the petitioner.
Whether the matter should be remanded for a hearing on merits or disposed of at the admission stage.
Angoth Nagesh
Guguloth Suvali
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
