Allowed

G.Joel Vijay Raju, v. the Registrar, and Ano.

Telangana HC1 Dec 2023WP/11317/2009

Case brief

AI extract

What is this about?

This Writ Petition challenged a notice issued by the Andhra Pradesh State Human Rights Commission regarding a property dispute. The High Court held that the Protection of Human Rights Act, 1993 does not empower the Commission to adjudicate civil title disputes. The notice was quashed, and the writ petition allowed.

What did the court decide?

The notice dated 03.10.2008 issued by the Respondent No.1 in HRC No.2655/2008 was quashed. The Writ Petition was allowed with no order as to costs.

G.Joel Vijay Raju, Vs the Registrar, and… — Pension and Retirement Benefits | Telangana HC (2023)

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HIGH COURT FOR^{THE STATE OF TELANGANA AT HYDERABAD} (Special Original Jurisdiction)

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FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE^{ALOK ARADHE} AND THE HONOURABLE SHRI JUSTICE ANIL^{KUMAR JUKANTI}

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WRIT PETITION NO:^'11317 OF 2009

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Between:

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G.Joel Vijay Raju, S/o. Gorikapoodi^{James Robert,- aged about 44 years,} Occ: Busin6ss,^{oUo. 12-7-127, [/oosapet, Kukatpally' Ranga Reddy District.}

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...PETITIONER

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AND

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1 The Registrar, Andhra^{Pradesh State Human Rights Commissionat} Gruhakalpa, M.J.Road,^HYderabad.

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2 Sri Gorikapoodi James Robert,^{S/o-GorikapoodiJoseph, aged.} -about .82 years, Oic: Pastor, R/o. 12-7^-127 ,^{Ivluskipet, lvloosapet,Kukatpally,} R. R. District.

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R2 dismissed for default as^{per C.O.dt.,2510412013}

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...RESPONDENTS

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Petition under Article 226 of^{lhe Constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Court maybe} pleased to issue any writ, order or direction^{more particularlyone in the nature of} WRIT OF PROHIBITION, by declaring^{the actionof the 1st respondent hereinin} taking of adjudication of a civil^{dispute whichis alreadyseizedby the civil courts} in HRC NO.2655/2008 on the^{file of the 1st respondentas illegal, voidabinitio} and without^jurisdiction and^{consequently prohibit the adjudication of the} complaint in HRC No.2655/2008^{on the file of the 1st respondent.}

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l.A. NO: 1 OF 2009(WPMP. NO: 14s33 OF 2009)

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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 of all further proceedings in HRC NO.2655/2008 on the file of the 1st respondent, pending disposal of the writ petition.

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Counsel for the Petitioners: SRI S.CHALAPATHI RAO

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Counsel forthe Respondent No.1: SRI V.RAVI KIRAN RAO

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The Court made the following: ORDER

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THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMARJUKANTI WRIT PETITION No. I l3l7 of 2009

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ORI)ER:1per the Ilon,ble the Chicf Jusricc AIok Aradhe)

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Mr. S. Chalapathi Rao, learned counsel appears for the petitioner.

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Mr. V. Ravikiran Rao, learned counsel represents

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respondent No. L

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In this Writ Petition, the petitioner has prayed for the

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following relief:

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"For the reasons stated in the acconrpanying affidavit, the petitioner pray that this Honourable Court may bc pleased to issue any writ, order or direction nrore particular.ly onc in the nature of WRIT OF PROHIBI'f ION, by declaring the action ofthe l'' respondent herein in taking ofadjudicatiorr of a civil dispute which is already seized by rhe Civil Courts in HRC No.2655/200g on the file of the t., respondent as illegal, void abinitio and rvithout jurisdiction and consequently prohibit the adjudication ol the cornplainr in HRC No.2655l2008 on rhe filc ofthe t', rcspondent.,,

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Facts giving rise to filing of the Writ petition briefly

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stated are that the petitioner is the son of respondent No.2 and a dispute between them with regard to the house property is

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2 CJ & Jr\K. J w P r.'o I l317 ot 2009

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pending adjudication in O.S.No.745 of 2008 on the file of II Additional District Judge, Ranga Reddy. In the aforesaid Civil Suit, relief of declaration of title and possession has been sought.

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During pendency of the aforesaid suit, respondent No.2 submitted an application to the erstwhile Andhra pradesh State Human Rights Commission, Hyderabad, which thereupon issued a notice dated 03.10.2008 to the petitioner who has challenged the aforesaid notice in the Writ petition.

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We have heard the learned counsel for the petitioner. 6. The Supreme Court in G. Manikyamma v. Roudri Coopcrative Housing Society Limitedr has taken note of Section 12 of the Protection of Human Rights Act, 1993, which deals with functions of the Human Rights Commission. 'Ihe Supreme Court in paragraph 44 of the said decision held as under:

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The functions and powers of the Comrnission are enumerated under Section 12 of the protection of Human Rights Act, 1993, which reads as follows: " 12. Functions of the Commission.- The Commission shall perform all or any ofthe following functious, namcly-

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' 1:ota;^rs scc roz

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c,t & .lAx ., w P No.I 13l7 of 2009

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(a) inquire, suo motu or on a petition prescnted to it by a

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victim or any person on his behall into complaint of-

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(i) violation ofhuman rights or abetment thercoq or

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(ii) negligence in the prevention ofsuch violation, by a public servant;

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(b) intervene in any proceeding involving any allegation of violation of human rights pending before a coun with thc approval ofsuch court;

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(c) visit, under intimation to the State Govcmment, any^jail or any other institution under the control of thc^State Covernment, where persons are detained or^{lodged for} purposes of treatment, re[ormation or protection to study the living conditions of thc inmates and^make recommendations thereon;

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(d) review the saleguards provided by or undcr the Constitution or any law^for the time being^{in forcclor the} protection of human rights and recommeud tneasures lbr their effective implementation;

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(e) review the factors, including acts of terrorism, that inhiblt the enjoym€nt of human rights and recommend^approPriate remedial measures;

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(Q study treaties and other international instruments on hutnan rights and make recommendations for their^effective implementation;

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(g) undertake and promote research in the field of human rights;

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(h) spread human rights literacy among various sections of society and promote awareness^of thc^{safeguardsavailable} for the protection of thcse riglrts, through^{publications.the} media, seminars and other available^means;

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(i) encourage the efforts of non-govert:rnental^{organizations} and institutions^{workingin the field o[ humanrights;}

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() such other functions as it^{may consider necessary lor the} promotion of human rights."

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1317 of 2009--,*:tTTil

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It can bc sccn from the language, there is nothing in Section l2 r,'hich authorizes the Human Rights Commission to adjudicate upon the disputes of title and posscssion of property.

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In view of aforesaid enunciation of law by the Supreme

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Court, it is evident that Section l2 of the protection of Human Rights Act, 1993, does not authorize the Human Rights Commission to adjudicate upon the disputes with regard to the

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title and possession ofthe property.

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Therefore, the notice dated 03.10.200g issued by the

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Cornmission is quashed.

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9 In the result, the Writ petition is allowed.

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Miscellaneous applications, if any pending, shall stand

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closed.^'fhere shall be no order as to costs.

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That Rule Nisi has made Absolute as above witness The Hon'ble^{SRIALOK ARADHE,} The Chief Justice on this Friday, the First Day of December, Two Thousand and Twenty Three.

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SD/. K.SREERAMA MURTHY ASSISTANT REGISTRAR //TRUE COPY// &//'

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SECTION OFFICER

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To,

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1 The Registrar, Andhra Pradesh State Human Rights Commission at Gruhakalpa, M.J.Road, Hyderabad. 2 One CC to SRI S.CHALAPATHI RAO, Advocate [OPUC]

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3 One CC to SRI V.RAVI KIRAN RAO, Advocate [OPUC] 4 Two CD Copies BS R GJ P w

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