High Court for State of TelanganaWP/41150/2015disposed of no costs

Gunreddy Narayanamma v. The State Of Telangana,

2015-12-18Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 41150 of 2015 BETWEEN Gunreddy Narayanamma and others ... PETITIONERS AND The State of Telangana, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 18.12.2015 ORDER:- Heard.

2. Petitioners question the notice issued by the District Collector, Khammam, dated 23.11.2015, requiring him to appear for enquiry proposed to be conducted on an application

filed by the fourth respondent. Petitioners state that the dispute between them and the fourth respondent is also seized of by the Court of Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, in O.S.No.157 of 2013 and an order of injunction was already granted in favour of the petitioner viz., I.A.No.106 of 2013. Petitioners had also approached this Court in W.P.No.27003 of 2015 to protect their possession and this Court passed interim orders on 01.09.2015 therein. There also appears to be another W.P.No.6533 of 2012 pending.

3. Even accepting the contentions of the petitioners, I do not see any reason to interdict the impugned notice as the petitioners can always appear in response to the said notice and bring to the notice of the Collector all the aforesaid facts as claimed in the affidavit. The enquiry was proposed by the second respondent only on application made by the fourth respondent and if the petitioner appraises the second respondent all the existing proceedings, the second respondent shall take that into consideration and then take appropriate decision with regard to the enquiry. Hence, no reasons exist to entertain the writ petition. With the liberty to the petitioner to approach the second respondent and file his reply, the writ petition is disposed of.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J December 18, 2015 LMV