THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.291 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. S.Surender Reddy, learned counsel for the
appellants.
2. Appellants have filed the present intra-court
appeal assailing the interim order dated 14.02.2023 passed
by the learned Single Judge in I.A.No.1 of 2023 in Writ
Petition No.1613 of 2023.
3. Appellants as writ petitioners have filed the related
writ petition assailing the No Objection Certificate (NOC)
dated 16.11.2022 issued by the 4th respondent in favour of
respondent Nos.10 and 11 for installation of Class-A and Class-B Petrol and Diesel Retail Outlet in the subject land. The subject land measures Ac.0.05 guntas in Survey No. 585/1AA/1/1, Ac.0.18 guntas in Survey No. 585/1AA/2 and Ac.0.16 guntas in Survey No.585/1AA/1/2, total admeasuring 2 HCJ & NTRJ W.A.No.291 of 2023 Ac.0.39 guntas, in one compact block, situated at Bellal Village, Bodhan Mandal, Nizamabad District, bounded on East: Land of K.Laxman, West: Road, North: Land of defendant in Survey No.585/Part and South: Vagu (stream).
4. According to the appellants, they have filed O.S.No.220 of 2022 pending on the file of Principal Junior Civil Judge, Bodhan seeking perpetual injunction against the defendants wherein an ex parte injunction order was passed on 16.12.2022. It is submitted that the said injunction order pertains to the subject land.
5. Learned Single Judge took note of the fact that there is a dispute regarding title and possession between appellants and respondent No.12 in respect of the subject land. Further noting that against the ex parte injunction order passed by the civil Court in O.S.No.220 of 2022, respondent No.12 has filed objection and is contesting the same. Since both the parties have pattadar passbooks in respect of lands claimed by them, learned Single Judge was not inclined to grant interim relief. However, liberty has been 3 HCJ & NTRJ W.A.No.291 of 2023 granted to respondent No.12 to contest O.S.No.220 of 2022 with learned Principal Junior Civil Judge being directed to conclude the proceedings within four weeks. In the meanwhile, learned Single Judge clarified that NOC issued in favour of respondent Nos.10 and 11 would be subject to outcome of the order that may be passed by the civil Court.
6. Evidently, there is a private dispute between appellants and respondent No.12 vis a vis the subject land, adjudication of which would require adducing of evidence and determination of facts. Already appellants have instituted O.S.No.220 of 2022 which is pending. When a civil suit is pending on the same subject matter, a parallel proceeding is not permissible. Writ jurisdiction is not intended for determination of private rights without there being any element of public interest involved; rather a view may be taken that setting up of a Diesel or Petrol Outlet is in the public interest and interference in the same by the writ Court purely on the basis of a private dispute may not be justified.
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W.A.No.291 of 2023
7. That being the position, we are not inclined to entertain this appeal.
8. Writ Appeal is accordingly dismissed. However, there shall be no order as to costs.
9. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 09.03.2023 KL