Telangana High Court
The Executive Engineer vs M/S. Smaat India Private Limited on 25 October, 2024
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
C.R.P.No.2777 OF 2024
ORDER:
(per Hon'ble Sri Justice P.Sam Koshy) Heard Mr. Y.Shreyas Reddy, learned counsel for the petitioner and perused the record.
2. The present is a petition which has been filed assailing the docket order dated 06.06.2024 passed in A.O.P (SR) No.5159 of 2024 by the learned Principal and Sessions Judge, Ranga Reddy District, by which the trial Court has held pre-deposit of 75% of the award amount as mandatory and, therefore, the same has to be made before the application is filed. The petition filed by the petitioner was returned by the trial Court as there was no pre-deposit made as is required under the statute.
3. During the course of the hearing, the learned counsel for the petitioner has fairly brought to the notice of this Court that a similar challenge was already made before the Hon'ble Division Bench of this High Court in C.R.P.Nos.2745, 2774, 2775, 2780 and 2789 of 2024 and all the civil revision petitions were dismissed vide order dated 10.09.2024 with costs.
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4. Given the fact that the Division Bench of this High Court has already in the CRPs arising out of identical orders had already dismissed the CRPs, this Court also taking into consideration the common order passed by the Division Bench on 10.09.2024 under identical set of facts and also taking into consideration the judgment of the Hon'ble Supreme Court in TIRUPATI STEELS v. SHUBH INDUSTRIAL COMPONENT 1 does not find any case being made out by the petitioner.
5. The civil revision petition, accordingly, stands dismissed. The dismissal of the present CRP would not come in the way of the petitioner approaching the trial Court for filing an appropriate application after meeting the mandatory requirement under law so far as pre-deposit is concerned. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
__________________ P.SAM KOSHY, J 25.10.2024 Lrkm 1 (2022)7 SCC 429