Telangana High Court

WA/2151/2004 of CHIRALA CABLE CENTRE PVT. LTD. Vs THE DIVISIONAL ENGINEER (CENTRAL) AND 2 OTHERS on 28 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2151 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

TUESDAY, THE TWENTY EIGHTH 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 : 2151 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated21/12/2004 in WP NO : 23239 OF 2004 on the file of the High Court.)21/12/2004 in WP NO : 23239 OF 2004 on the file of the High Court.)

Between:

Chirala Cable Centre Pvt. Ltd.,

23-2-12/13, Gattuvari Street,

Chirala, Prakasham District, rep.

By its Chairman & Managing

Director, Daggupati Srinivas Prasad.

AND

..... APPELLANT

1. The Divisional Engineer (Central), South Central Railway, Vijayawada.

2. The Divisional Railway Manager, Works Branch, South Central Railway, Vijayawada.

3. Superintendent Engineer (P-Way), South Central Railway, Chirala.

.....RESPONDENTS

Counsel for the Appellant : MR.SUDARSHAN REDDY DUDDUGUNTACounsel for the Respondents : MR.G.S.SANGHI

The Court made the following :

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ORAL JUDGMENT:

( per Hon’ble The Chief Justice )

…..

1 . Learned single Judge dismissed the writ petition filed by the appellantquestioning the action of the respondents in making demand towards chargespayable for the permission for laying cable wires through railway track. This ispurely a civil matter. Nothing prevented the appellant from depositing theamount and then claim any refund by filing civil suit. In case amount is paid within a period of one week from today, status quo for a period of one weekshall continue to remain in operation.

2. Writ appeal fails and is dismissed. No costs.

_____________________DEVINDER GUPTA. C.J., _____________________

M. NARAYANA REDDY. J.,

Dated: 28.12.2004.

VRK.

To

1. The Divisional Engineer (Central), South Central Railway, Vijayawada.2. The Divisional Railway Manager, Works Branch, South CentralRailway, Vijayawada.2. The Divisional Railway Manager, Works Branch, South CentralRailway, Vijayawada.

3. The Superintendent Engineer (P-Way), South Central Railway, Chirala, Prakasam District.

Two CD copies.

HON’BLE SRI DEVINDER GUPTA,CHIEF JUSTICE

AND

HON’BLE SRI JUSTICE M. NARAYANA REDDY.

W.A.NO. 2151 OF 2004.

( Judgment of the Bench delivered byHon’ble The Chief Justice )

Dt: 28.12.2004.

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