Katakam Rajalingu v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE MS.JUSTICE J. UMA DEVI WRIT PETITION No.32035 of 2018 Date:07.09.2018 Between:

Katakam Rajalingu S/o.Venkaiah, R/o.Rompikunta Village, Peddalli Dist., Karimnagar and others.

... Petitioners v.

The State of Telangana, Rep.by Principal Secretary, Law Department, Secretariat, Hyderabad and others.

... Respondents For Petitioners : Sri Mirza Aijaz Ali Baig For Respondents : None Gist :

Head Note :

Cases Referred : 2009(5) SCC 616 C/15

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS.JUSTICE J. UMA DEVI WRIT PETITION No.32035 OF 2018 ORDER: (per V. Ramasubramanian, J) The petitioner has come up with the above writ petition challenging a docket order passed by the Civil Court, in an original suit, re-opening the case.

2. Heard the learned counsel for the petitioners.

3. In matters of this nature, the Civil Procedure Code itself provides appropriate remedies for the petitioners to seek. The remedy of writ jurisdiction under Article 226 of the Constitution of India cannot be invoked, as held by the Supreme Court of India in Radhey Shyam v. Chhabi Nath1. Therefore, leaving it open to the petitioner to invoke the remedies available under the CPC, this writ petition is dismissed.

4. As a sequel thereto, miscellaneous petitions, if any, pending shall stand dismissed. No order as to costs. __________________________ V. RAMASUBRAMANIAN, J ______________ J. UMA DEVI, J September 07, 2018 KTL 1 2009(5) SCC 616