Mohammad Sulthana Begum v. Guguloth Sakunthala
HIGH COURT FOR THE STATE OF TELANGANA .
AT HYDERABAD FRIDAY,THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CIVIL REVISION PETITI ON NO: 320 OF 2024 Petition under Article 227 ot lhe Constitution of lndia, against the Order made in l.A.No.401 ol 2023 in O.S.No.216 ol 2023 in O.S.No.230 of 2023 dated 10.01.2024 on the file of the Special Assistant Agent & Sub Divisional Magistrate, (Mobile Court) at Bhadrachalam.
Between:
Mohammad Sulthana Begum, Wo. Sarifuddin, Aged about 45 years, Occ Housewife, R/o. H. No. 10-2-27711, Rama Talkies Area, Kothagudem town and Mandal, Bhadradri Kothagudem District.
...PETITIONERYPETITIONEFI/DEFENDANT AND Guguloth Sakunthala, Wo. Yugendhar, Aged about 36 years, Occ Agriculturist, PJo. H. No. 5- 32140114, Sanjaynagar village, Laxmidevipalli Mandal, Bhadradri Kothagudem Dishict ...RE''oNDENT/RES'.,NDENT/'LATNTTFF lA NO: 1 OF 2024 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 all further proceedings in O.S.No. 230 ot 2023 on the file of the Court of the Special Assistant Agent and Sub Divisional Magistrate, (Mobile Court) at Bhadrachalam.
Counsel for the Petitioner : MOHD SUBHAN PASHA Counsel forthe Respondent: SRI R.R. KALYAN The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E. V. VEITUC'OPAL CTVIL REVISION PETITION No.32O of 2o24 ORDER:
This revision case is filed to set aside the order dated 20.O1.2024 in I.A.No.4Ol of 2023 in I.A.No'216 of 2023 in O.S.No.23O of 2023, on the hle of the learned Court of Special Assistant Agent & Sub Divisional Magistrate (Mobile Court) at Bhadrachalam.
2.
Learned counsel for the petitioner vehemently submits that the Sub Divisional Magistrate has dismissed I.A.No.40 I of 2023 in I.A.No.216 of 2023 in O.S.No.23O of 2023 filed for appointment of an advocate Commissioner to note down the physical features ald boundaries of the petition schedule property. He further submitted that no prejudice would be caused to the respondent if the physical measurements are noted by the Advocate Commissioner' But the learned Sub Divisional Magistrate, without going into the merits of the case, has dismissed the I.A. Hence, he seeks to allow the revision'
3.
Learned counsel for the respondents would submit that the petitioner has filed W.P.No.15655 of 2023 before this Court seeking to issue a writ of mandamus for not taking action for the removal of illegal sheds to an extent of land admeasuring Acs. 1O.20 guntas in Sy.No.l37/3, situated at Chunchupally Village and Mandal, Bhadri Kothagudem District and the same is pending. He would further submit that the petitioner is resorting to multiple proceedings to see that the petitioner's desire is fulfilled in one way or the other and would submit that the I.A. has been rightly dismissed by the learned Sub Divisional Magistrate. Hence, he seeks to dismiss the revision.
4.
Upon perusing material placed before this Court, this Court does not find any reason to interfere with the order passed by the Court of Special Assistant Agent & Sub Divisional Magistrate (Mobile Court) at Bhadrachalam in I.A.No.4Ol of 2023 in I.A.No.216 of 2023 in O.S.No.230 of 2023 5.
Hence, the revision is dismissed. However, there shall be no order as to costs.
As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
Sd/- V. HARI PRASAD ASSISTANT REGISTRAR //TRUE COPY// --LJL SECTION OFFICER To,
1. The Special Assistant Agent & Sub Divisional Magistrate, (Mobile Court) at Bhadrachalam
2. One CC to Mohd Subhan Pasha , Advocate (OPUC)
3. One CC to Sri R.R.Kalyan, Advocate (OPUC)
4. Two CD Copies Ks/gh Yl-
HIGH COURT DATED:1 510312024
ORDER
+ o$ rHE S I.q re C.R.P.No.320 of 2024 Y ($( -) 16 ilN IIx1l za -\ t * t r.9 {) P4TCHEO Dismissing the CRP Without costs.
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