G.Rampandu S/O. Jaya Narayan v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.37106 of 2015 Date: 20.01.2016 Between:

G.Rampandu .. Petitioner and The State of Telangana rep. by its Prl.Secretary Panchayat Raj Dept., Hyderabad and 3 others .. Respondents Counsel for the petitioner : Mr.K.Venumadhav Counsel for the respondent No.1: AGP for Panchayat Raj Counsel for respondent No.2: Mr.G.Narender Reddy, SC for Gram Panchayat Counsel for respondent No.3: Mr.Y.Rama Rao, SC for HMDA The Court made the following:

O r d e r :

The petitioner, who has filed OS.No.71 of 2010 in the Court of the learned Principal Junior Civil Judge, Medchal, Ranga Reddy District, against respondent No.4 raising the issue of alleged occupation of a 15 feet road by the latter, filed the present Writ Petition without disclosing the said fact and with the grievance that respondent No.2 has not been taking any action against respondent No.4 for encroachment of public road.

The fact that the petitioner has suppressed filing of the aforesaid suit is disclosed in the counter-affidavit filed by respondent No.2. This Court is, therefore, not inclined to entertain this Writ Petition filed by suppressing the material fact. Even otherwise, when the petitioner has already availed the remedy of a civil suit, he is not entitled to avail the parallel remedy of a Writ Petition. The Writ Petition is, therefore, dismissed on both these grounds, however, with liberty to the petitioner to pursue the pending suit.

As a sequel to dismissal of the Writ Petition, WPMP.Nos.47770 & 50274 of 2015, filed by the petitioner for interim relief, are disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 20th January, 2016 lur