M.D.Aleemuddin Shaik Aleemuddin ... vs The State Of Telangana And 11 ...
2023 Latest Caselaw 1102 Tel

   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.

                                4                      HCJ & NTRJ
                                                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