Dismissed

Yenugula Venkat Narayana, v. The State of Telangana

Telangana HC16 Feb 2023WP/22415/2021

Case brief

AI extract

What is this about?

Petitioner sought Certiorari to set aside an interim injunction granted in a suit filed by other respondents. Court noted petitioner had already filed counter and written statement, dismissing the writ petition as unnecessary.

What did the court decide?

Writ petition disposed of directing Special Assistant Agent to Government to dispose of Interim Application No.254 of 2021 within three months; no costs awarded.

Yenugula Venkat Narayana, Vs The State of… — Civil Procedure and Limitation | Telangana HC (2023)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION NO: 22415 AF 2021

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Between:

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Yenugula Venkat Narayana, S/o. Chinn Komaraiah, Age.55 yrs, Occ. Private Employee Tekulachervu village, Burgampad Mandal, Badradri kothagudem District.

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...PETITIONER

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AND

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1 The State of Telangana, rep by its Principal Secretary, Tribal Welfa re Department, Secretariat Buildings, Hyderabad.

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2 The Agent to the Government cum District Collector, Badradri Kothagudem at Kothagudem.

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3 Special Assistant agent to the Government cum Sub Divisional magistrate cum Mobile Court at Bhadrac, Badradri Kothagudem District.

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4 Thasildar Burgampad., Badradri Kothagudem District.

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5 The Station House Officer, Police Station, Burgampad, Badradri Kothagudem District.

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Kuvvarapu Narasaiah, S/o. Venkulu @ Venkaiah, Age: 61 yrs,0cc. Agriculture, R/o. Tekulachervu village, Burgampad mandal, Badradri kothagudem District.

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7 Kuwarapu Jayaraju, S/o. Venkulu @ Venkaiah, Age.41 yrs, 0cc. Agriculture, R/o. Tekulachervu village, Burgampad mandal, Badradri kothagudem District

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Kuvvarapu Venkatesh, S/o.Late Prasad, Age.22 yrs, 0cc. Agriculture, R/o. Tekulachervu village, Burgampad mandal, Badradri kothagudem District.

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...RESPONDENTS

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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 an appropriate writ, order or direction more particularly one in the natuie of Writ of Certiorari for calling the records in lA.NO. 254 ot 2021ⁱⁿ OS.NO. 246 of 2021 on the file of Special Assistant Agent to Government (Mobile-Court) at Bhadrachalam and set aside the same. Consequently suspend the operation of the order dated 03-03-2021 in IA.NO 254 of 2021 in OS.NO.

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246 ot 2021 on the file of Special Assistant Agent to Government (MobileCourt) at Bhadrachalam. pending disposal of the writ petition.

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lA NO:^'l OF 2021

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Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dated 03-03-2021 in lA.NO. 254 of 2021 in OS.NO. 246 of 2021 cn the file of Special Assistant Agent to Government (Mobile Court) at Bhadrachalam. pending disposal of the writ petition.

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Counsel for the Petitioner: Smt. K.V. RAJA SRI REPRESENTING FOR SRI KADIYAM PARMESHWAR

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Gounsel for the Respondent No.'l to 4: ASST. GP FOR TRIBAL WELFARE

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Counsel for the Respondent No.5: GP FOR HOME

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Counsel for the Respondent No.6 to 8: M/s. PRIYANKA SINGH REPRESENTING FOR M/s. UDAYA SRI

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION No.224LS of 2O2L

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ORDER:

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This writ petition is filed seeking Writ of Certioriari for calling the records in I.A.No.254 of 2O2l in OS.No.246 of 2O2l on the file of Special Assistant Agent to Government (Mobile Court) at Badrachalam and set aside the same. Consequently suspend the operation of the order dated 03.O3.2021 in I.A.No.254 of 2O2l in OS.No.246 of 2O2l on the file of respondent No.3.

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Heard Smt. K.V. Raja Sri, learned counsel representing Sri Kadiyam Parameshwar, learned counsel for the petitioner, learned Assistant Government Pleader for Tribal Welfare appearing for respondent^{Nos. Ito 4} , learned Government^{Pleader forHome appearing for} respondent No.S,^{Ms. Priyanka Singh, learned counsel} appearing^{on behalfof K. UdayaSri '}

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Learned^{counsel for the petitioner submits that} thesuitoS.No.246of2o2|filedbytherespondentNos.6, 7 and 8^before respondent^{No.3 is notmaintainable'} Respondent^No.3 i.., ^o,^{havinganY jurisdictionto} entertain^{the suit} 1l IiC* "f^{the same' grantingexparte}

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injunction in I.A.No.254 of 2O2l on O3.O3.2O2 1 is a-lso without juriscliction and the same is liable to be set aside.

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Learned Assistant^(]overnment Pleader as well as learned counsel appearing on behalf of respondent No.6 to 8 submit that under Article 226 of the Constitution of India, the writ petition filed by the petitioner questioning the injunction order passcd by the respondent No.3 is not maintainablt:.^'I'hc petitioner is entitled to raise all the grounds including the aspect of jurisdiction in the suit, but the petitioner without filing counter and vacate stay petition in 1.A.No.254 of 2021 approached this Court by filing the present writ petition which is not maintainable under law.

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The records clearly disclose that the petitioner already filed counter in I.A.No.2 54 of 2O2l and written statement in main suit OS. No.246 of 2O2l and the suit is pending.

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Learned counsel for the petitioner as well as unoflicial respondents sultmit that the suit is posted for trial. As the petitioner has alrcady filed counter and written :.. statement in the suit, the petitioner is entitled to raise. a.ll thr: grounds which are raised in the present writ

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petrtron including the aspect of jurisdiction before respondent No.3.

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In view of the same, without golng lnto the merits of the case, the writ petition is disposed of directing respondent No.3 to dispose of I.A.No.25 4 0f 2,,27 in OS.No.246 of 2O2l or main suit, in accordance with law, within a period of three (3) months from the date of the receipt of the copy of this order. No costs-

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As a sequel, miscellaneous petitions, pending if aly, shall stand closcd

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SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY/I ,-" L1,

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SECTION OFFICER

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To,'1. The Principal Secretary, Tribal Welfare Department, The State of Telang'ana, Secretariat Buildings, Hyderabad.

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The Agent to the Government cum District Collector, Badradri Kothagudem at Kothagudem.

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3, Special Assistant agent to the Government cum Sub Divisional magistrate cum Mobile Court at Bhadrac, Badradri Kothagudem District.

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Thasildar Burgampad, Badradri Kothagudem District.

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The Station House Officer, Police Station, Burgampad, Badradri Kothagudem District.

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One CC to SRI KADIYAM PARMESHWAR, Advocate [OPUC]

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One CC to M/s. UDAYA SRl, Advocate IOPUC]

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Two CCs to GP FOR TRIBAL WELFARE, High Court for the State of

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Telangana. [OUT]

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Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 10. Two CD Copies BN LS

CC TODAY

HIGH COURT

DATED:1610212023

ORDER

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WP.No.22415 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Yenugula Venkat Narayana, v. The State of Telangana

Case brief

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Yenugula Venkat Narayana, v. The State of Telangana

Case brief

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