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High Court for State of TelanganaWP/5242/2016dismissed no costs

Rev. G. Joshi Babu v. The State Of Telangana, Rep. By Its Principal Secretary

2016-02-18Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5242 of 2016 ORDER:

This writ petition is filed with the following prayer: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble High Court may be pleased to issue a writ, order or direction, restraining the 3rd, 5th and 6th respondents in interfering with the petitioner's day to day administration as Parish Pastor, Lutheran Church, Lakadikapool, Hyderabad, duly setting aside Letter Dated 05.08.2015 issued by the 5th respondent, with a further direction to allow the petitioner to continue as Parish Pastor, Lutheran Church, Lakadikapool, Hyderabad in pursuance of his re-assigning by orders dated 30.05.2015 and 31.12.2015 issued by the 4th respondent in pursuance of the directions in WP No.12506 of 2011 Dated 24.06.2011 for a full term as per Article V Rule 3 of the Constitution of Parish, and pass such other order or orders as it deems fit."

However, perusal of the affidavit filed in support of the writ petition reflects that no specific allegations have been made against the Station House officer, Saifabad, Hyderabad, the third respondent. Only general averments to the effect that the local police are assisting the unofficial respondents are included in the affidavit for the purpose of maintaining this writ petition.

The dispute of the petitioner essentially appears to be a private dispute with the unofficial respondents. A writ petition, being a public law remedy, cannot be utilized for the purpose of settling such private disputes. The writ petition is therefore not maintainable and is accordingly dismissed. This order shall however not preclude the petitioner from working out his remedies against the unofficial respondents before the appropriate forum in accordance with law.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 18th February, 2016 IBL