Brij Gopal Heda vs The State Of Telangana
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Telangana High Court

Brij Gopal Heda vs The State Of Telangana on 29 April, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                            AND
           THE HON'BLE SMT. JUSTICE RENUKA YARA

                    WRIT APPEAL No.472 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):

Sri Damodar Mundra, learned counsel for the appellant;

Ms. B.N. Shailaja, learned Assistant Government Pleader for

Endowments, for respondent Nos.1 to 4 and Sri K. Ravinder Reddy,

learned counsel for respondent No.6.

2. Learned counsel for the appellant seeks permission of this

Court to withdraw this Writ Appeal with liberty to the appellant to file

a civil suit and also to pray for an injunction that he cannot be

removed without following the 'due process'. He further prays that till

such time the appellant files a civil suit, he may be protected by

granting an interim order.

3. The other side raised objection.

4. The Writ Appeal is dismissed as withdrawn with the liberty

to the appellant to file appropriate civil suit and an application for

injunction. So far the question of grant of interim relief for

interregnum period is concerned, curtains are already drawn by the

Supreme Court in Kalabharati Advertising v. Hemant Vimalnath

Narichania 1 in paragraph No.22 which reads thus:

"22. It is a settled legal proposition that the forum of the writ court cannot be used for the purpose of giving interim relief as the only and the final relief to any litigant. If the court comes to the conclusion that the matter requires adjudication by some other appropriate forum and relegates the said party to that forum, it should not grant any interim relief in favour of such a litigant for an interregnum period till the said party approaches the alternative forum and obtains interim relief. (Vide State of Orissa v. Madan Gopal Rungta [1951 SCC 1024 :

AIR 1952 SC 12] , Amarsarjit Singh v. State of Punjab [AIR 1962 SC 1305] , State of Orissa v. Ram Chandra Dev [AIR 1964 SC 685] , State of Bihar v. Rambalak Singh "Balak" [AIR 1966 SC 1441 : 1966 Cri LJ 1076] and Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke [(1976) 1 SCC 496 : 1976 SCC (L&S) 70 : AIR 1975 SC 2238].)"

In view of the said judgment, no interim relief is due to the appellant.

It is made clear that this Court has not expressed any opinion on

merits of the case. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 29.04.2025 Myk/Tsr

(2010) 9 SCC 437