WA/1808/2004 of A.K. Ramesh, Vs T.S. subba Rayulu, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE

and

HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT APPEAL NO.1808 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated21/12/2001 in W.P.No.22321 OF 2001 on the file of the High Court.)

Between:

A.K. Ramesh, S/o. Late A. Kannabiran,

R/o. 1-11-252/49, Motilalnagar, Begumpet, Hyderabad.

AND

..... APPELLANT

1 T.S. Subba Rayulu, S/o. Sree Ramulu,

R/o. R.K. Puram, Ranga Reddy District.

2 T. Ravinder, S/o. Venugopala Rao,

R/o. Saroornagar, Ranga Reddy District.

3 T. Ashok, S/o. shivappa,

R/o. Dilsukhanagar, Hyderabad.

4 K. Yadagiri, S/o. Janaiah,

R/o. Dilsukhanagar, Hyderabad.

5 The Circle Inspector of Police Station House Officer, Chilakalaguda Police Station, Secunderabad. Chilakalaguda Police Station, Secunderabad.

Counsel for the Appellant : Sri P.VENUGOPALCounsel for the Respondents No.1 to 4: MR.C.RAMACHANDRA RAJUCounsel for the Respondent No.5 : Govt. Pleader for Home The Court made the following :

ORAL JUDGMENT: (Per Hon’ble the Chief Justice)

On 25[th] November, 2004, on the request of learned counsel for respondents – writpetitioners, time to file affidavit was granted and specifically it was directed thatreasons will be disclosed as to why the respondents – writ petitioners did notdisclose about the earlier writ petition and other civil proceedings between theparties with respect to property in question. Affidavit was not filed even though threeadjournments were obtained thereafter. On the last date also i.e. 23-12-2004,nobody was present on behalf of respondents – writ petitioners, but time wasallowed to file affidavit. Today, an affidavit has been filed, which does not reveal anyreason as to why the earlier proceedings were not disclosed.

The writ petition, in which impugned order was passed by the learned single Judgeon 21[st] December, 2001, was filed on 22[nd] October, 2001 stating that writ petitionershad not filed any writ petition either before this Court or before any other Court for therelief claimed in the petition.

Relief sought for in the writ petition was for police protection of the property to theextent of 961-11 square yards in T.S.No.24, Ward No.143, Warasiguda,Secunderabad, bearing Municipal No.12-11-520/A. Appellant specifically alleged inthe appeal about filing of O.S.No.1136 of 1999 before XI Junior Civil Judge, CityCivil Court, Secunderabad, by the writ petitioners, which was dismissed on 24-08-2001 and O.S.No.411 of 1999 filed by father of the appellant before III Senior CivilJudge, City Civil Court, Secunderabad, which was decreed on 28-09-2000 and alsofiling of Writ Petition No.4705 of 2000 by one of the writ petitioners. Non-disclosureof these proceedings itself is a ground to dismiss the writ petition.

Accordingly, the impugned order is set aside and writ petition filed by respondents 1

to 4 is dismissed and writ appeal stands allowed.

________________________DEVINDER GUPTA, C.J.

________________________M.NARAYANA REDDY, J

30-12-2004

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