M/S. Uma Construction v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.14850 of 2015 ORDER:

The relief sought for in the Writ Petition is as follows: "to issue an appropriate writ, order or direction more in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 5 herein in not giving protection for implementation of the injunction orders granted by the learned Addl. Junior Civil Judge at Malkajgiri in I.A No.984 of 2013 in OS No.261 of 2013, dated 28.2.2014 and the action of the respondent No.

6 in according permission even the civil dispute is pending in favour of the 7th respondent herein as being illegal, arbitrary and is in violation of Articles 21 and 300-A of the Constitution of India apart from being established judicial precedents and consequently direct the respondents 2 to 6 herein to forbear the 7th respondent herein from proceeding any further on the disputed site belonging to the petitioner, and to pass such other order or orders as this Hon'ble Court may deems fit, just and proper." The petitioner filed I.A.No.217 of 2015 in I.A.No.984 of 2013 in O.S.No.261 of 2013 on the file of Additional Junior Civil Judge, Malkajgiri, Ranga Reddy District, seeking police protection and to implement the injunction order passed in I.A.No.984 of 2013 in O.S.No.261 of 2013. The said I.A was dismissed on 24.04.2015.

Aggrieved by the same, the petitioner approached this Court and filed C.R.P.No.1865 of 2015. Pending the C.R.P, the petitioner filed the present writ petition for the same cause of action.

The petitioner cannot be permitted to prosecute two parallel proceedings in respect of the same cause of action.

Therefore, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand dismissed.

___________ K.C.BHANU,J Dated: 21.05.2015 va

THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.14850 of 2015

Dated: 21.05.2015 va