Datla Surya Bhaskaram v. Gottimukkala Subbaraju

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No.1391 OF 2018 ORDER:

This civil revision petition, under Article 227 of the Constitution of India, is filed challenging the order dated 22-09-2017 in I.A. No.232 of 2017 in I.A. No.114 of 2017 in O.S. No.117 of 2017 passed by the Special Assistant Agent & Sub Divisional Magistrate, Mobile Court, Bhadrachalam, on various grounds.

The main ground urged by the petitioners that the learned Special Assistant Agent to Government granted ex parte injunction in I.A. No.114 of 2017 and within 30 days, filed counter by the petitioners, instead of disposing the petition, the learned Special Assistant Agent to Government provided police protection by the impugned order, therefore the order is erroneous and prayed to set aside the same.

After arguing the matter for a while, Sri K.Goverdhan Reddy, learned counsel for the petitioners, requested this Court to direct the Special Assistant Agent to Government to decide the main application filed under Order XXXIX Rule 1 of the Code of Civil Procedure read with Rules 42 (a & c) of A.P. Agency Rules, 1924. Acceding to the request made by the counsel for the petitioners, instead of going into the merits of the case, the Special Assistant Agent to Government is directed to dispose of the injunction petition filed under order Order XXXIX Rule 1 of the Code of Civil Procedure read with Rules 42 (a & c) of A.P. Agency Rules, 1924, within a month from the date of receipt of a copy of this order.

- 2 - MSM,J CRP_1391_2018 Accordingly, the civil revision petition is disposed of. No costs.

Miscellaneous Petitions, if any, pending in this revision shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY, J Date:05.03.2018 BV