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High Court for State of TelanganaWP/5709/2017disposed of no costs

Md. Habeeb, v. The Union Of India,

2017-02-17A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 5709 of 2017 ORDER:

Though this writ petition is filed challenging the order, dated 16.01.2017, passed by respondent No.2-Additional Divisional Railway Manager (T), South Central Railway, Secunderabad Division, in view of pendency of CMA No.1 of 2017 filed against the very same impugned order, before the learned V Additional District and Sessions Judge, Kothagudem, this Court is not inclined to entertain the present writ petition.

Learned counsel for the petitioner submits that the appellate authority-V Additional District & Sessions Judge issued urgent notice and the matter is likely to come up on 20.02.2017 and there is apprehension of forcible eviction in the meanwhile. In view of the above, the writ petition is disposed of directing respondent Nos.1 and 2 not to evict the petitioner till 21.02.2017. The learned V Additional District & Sessions Judge, Kothagudem shall pass appropriate orders in I.A.No.103 of 2017 in CMA No.1 of 2017 on the said date and if it is not possible to dispose of the said I.A., he shall pass necessary orders in the interest of justice. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:17.02.2017 Note: Furnish cc today.

(B/o) kdl

Though this writ petition is filed challenging the orders, dated 16.01.2017, passed by respondent No.2, in view of pendency of appeal before the learned V Additional District and Sessions Judge, Kothagudem against the said impugned order, this Court is not inclined to entertain the present writ petition.

Learned counsel for the petitioner submits that the appellate authority-V Additional District & Sessions Judge issued urgent notice and the matter is likely to come up on 20.02.2017 and there is apprehension of forcible eviction in the meanwhile.

In view of the same, the writ petition is disposed of directing respondent Nos.1 and 2 not to evict the petitioners till 21.02.2017. The learned V Additional District & Sessions Judge, Kothagudem shall pass appropriate orders in I.A.No.103 of 2017 in CMA No.1 of 2017 on the said date and if it is not possible to dispose of the said I.A., he shall pass necessary orders in the interest of justice.