HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31057 of 2014 Date:16.10.2014 Between:
Atluri Bharathi, W/o Sri Shivaji Rao And:
The State of Telangana, reptd., by its Principal Secretary (Energy), Hyderabad and five others.
. Petitioner Counsel for the Petitioner: Sri P.Kamalakar Counsel for the Respondents: ---
The Court made the following:
ORDER:
. Respondents This Writ Petition is filed for the following substantive relief: “ to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in causing interference with the peaceful possession and enjoyment of the petitioner over the land to an extent of Acs.6-03 guntas out of Survey Nos.318/75 and 318/76 situated at Dharmaraopet Village, Ghanpur (Mulugu) Mandal, Warangal District, owned by the petitioner, as illegal, void and in violation of Article 300-A of Constitution of India and against the principles of natural justice; and consequently, to direct the respondents not to cause interference with the peaceful possession and enjoyment of the petitioner’s land.”
On the petitioner’s own showing, she has obtained permission under Order XXIII Rule-1 (3)(b) of the Code of Civil Procedure in O.S.No.573 of 2007 on the file of the learned Senior Civil Judge, Jangaon Camp Court, Warangal for filing a fresh suit with appropriate relief.
Having obtained such a permission, I do not find any reason for the petitioner to file this Writ Petition. The petitioner has availed a wrong remedy of invoking the jurisdiction of this Court under Article-226 of the Constitution of India when she has been permitted to file a fresh suit on her own initiative.
For the above-mentioned reason, the Writ Petition is dismissed with liberty to the petitioner to file a fresh civil suit.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.38820 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
16th October, 2014 DR