D.Tahera Bee v. The Union Of India

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.41501 OF 2017 ORDER:

This Writ Petition is filed seeking writ of mandamus declaring the action of the respondent No.4 in passing the proceeding in Rc.B.989/2017, dated 14.11.2017 referring the matter to the Civil Court, without any documentary evidence, as illegal and arbitrary.

Heard learned counsel for the petitioners and Sri S.S.Varma, learned Standing Counsel for 1st respondent. It is the grievance of the petitioners that the 4th respondent has addressed letter dated 14.11.2017 to the 3rd respondent for referring the matter to Civil Court, without any basis.

Learned counsel for the petitioners submits that without any basis and without any valid documents, impugned orders have been issued referring the matter to the Civil Court.

A perusal of the letter dated 14.11.2017 addressed by the 4th respondent to the 3rd respondent goes to show that it is an internal correspondents between the 3rd and 4th respondents and as on today, the matter is not referred. In view of the same, the writ petition is premature and same is liable to be dismissed and accordingly dismissed. However, liberty is granted to the petitioners to challenge the

same, as and when any proceedings are issued referring the matter to Civil Court.

There shall be no order as to costs. As a sequel to the disposal of this Writ Petition, miscellaneous petitions, if any, pending shall stand dismissed.

_________________________ A.RAJASHEKER REDDY,J 07-12-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.41501 OF 2017 Date: 07.12.2017 kvs