Mohammed Mansoor Ali vs The Principal Secretary To ...
2022 Latest Caselaw 2642 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
        THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

                     WRIT APPEAL No.323 of 2022

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 25.03.2022 passed by the learned Single Judge in

W.P.No.7906 of 2021.


     The facts of the case reveal that the appellants (writ

petitioners) came up before this Court for issuance of an

appropriate      writ,      order        or     direction          directing   the

respondents to take appropriate steps for construction of

Green Polyhouse structure with poly films which were

damaged, keeping in view the Tri-partite Agreement

dated 25.06.2016. The appellants also stated in the writ

petition that their representations are not being decided.

The learned Single Judge has declined to interfere with

the writ petition on the ground that disputed questions

of fact are involved i.e., whether the damage is caused or

not/appellants are entitled for construction of Green

Polyhouse structure or not.

The learned Single Judge, while disposing of the

writ petition, has reproduced Clause 10.9 of the Deed of

Agreement dated 25.06.2016 and the same reads as

under:-

"It is further to be agreed by both the parties that all differences and disputes if not resolved as above, shall be got remedied through the Court of Law of Hyderabad jurisdiction only."

In the considered opinion of this Court, in the light

of the aforesaid clause under the agreement, the

disputed questions of fact can be resolved by taking

recourse to the remedies available under the civil law.

The learned Single Judge has already granted a liberty

to approach the civil Court and therefore, in the

considered opinion of this Court, as the disputed

questions of fact cannot be resolved in the writ petition,

the writ appeal stands disposed of with the liberty

already granted by the learned Single Judge.

The miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

_________________________________ B.VIJAYSEN REDDY, J 13.06.2022 vs