✦ High Court of India · 14 Oct 2025

The High Court · 2025

Case Details High Court of India · 14 Oct 2025
Court
High Court of India
Decided
14 Oct 2025
Length
1,119 words

Miryala (Nerellakunta) Atchutha Rao, S/o. Ramana Rao, 62 years, Occ- Retired Employee, Rl/o. Gundepudi Village, Julurupadu f\4andal, Bhadradri Kothagudem District. rep. by his SPA Holder Smt. lVlaloth Parvathi W/o. Srinivas, 31 years, Occ: Household, Rl/o. Balajipeta Village, Bayyaram lVlandal, Mahabubabad D istrict. ...Petitioner/3'd party AND

1. Banoth Sunitha, W/o. B. Shankat, age 42 years, Occ- Agriculturist, Caste-ST- Lambadi, Rl/o. Padmata Narsapuram Village, Julurupadu Mandal, Bhadradri Kothagudem District. ... RespondenUPetitioner/Plaintiff 2- Domandula Rambabu @ Kumar, S/o. Laxmaiah @ Yesu, 39 years, Occ- Cultivation, Ro. Cheemalapadu Post, Bajumallaiahgalem Village and Gram Panchayat, Singareni lt/andal, Khammam District.

3. Devarakonda Chanti, S/o. Janaki Ramulu, 32 years, R//o. Vengannapalem Village and Gram Panchayat, Julurupadu Mandal, Bhadradri Kothagudem District. ...Respondents/Respondents/Defendants lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to file the CRP against the order dated 14.06.2023 passed in l.A.No. 114 of 2023 in O.S.No.'1 22 of 2023 on the file of the Sub Divisional Magistrate and Special Assistant Agent to Government , It/lobile Court at Bhadrachalam, in the interest of Justice. lA NO: 2 OF 2025 Petition under Section 151 cPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Co.rr may be pleased to dispense with the filing of certified copy of order Dt 14.06 :tO ?3 passed in l.A.No. 114 of 2023 in o.s No.122 of 2023 on the file of the Sub t ivisional l,4agistrate and Special Assistant Agent to Government , lVlobile Cou,r. rrt Bhadrachalam, in the interest of Justice. lA NO: 3 OF 2025 Petition under Section 151 cPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High cor-,rl may be pleased to suspend the operation of the order dated '1 4.06.2023 pa:s:d in l.A.No..l 14 of 2023 in o.S.No.122 of 2023 on the frle of the sub Div r;rcnal [Vlagistrate and special Assistant Agent to Government, tvobile court at Bl'a lrachalam, pending disposal of the CRP. in the interest of Justice. Counsel for the Petitioner: Mr. T. Vasantha Rao Counsel for the Respondents: Sri p. Chaithanya The Court made the following: ORDER ..r:.,i.ri-*t;;]:a=;F i I I i I : t THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO I.A.No. I of 2o25 IN AND CIVIL REVISIoN PETITION No.3672 of 2025 COMMON ORD ER: The revision petition has becn filed by the petitroner invoking thc provisions of Article 222 of |ne Constitution of India, aggrieved by thc order dated 14.06.2023 passed by the Sub Divisionzrl Magistrate and Special Assistant Agent to Government, Mob e court at Bhadrachalam, in I.A.No.1 t4 of 2023 in O.S.No. 122 ol 2023, rvhcre-under respondent No.1/plaintiff was granLed interim ir-rjunction. Along with the civil revision petition, the petitioner lilcd I.A.No.1 of 2025 seeking leave to file the civil revision petition.

2. Mr. T. Vasantha Rao, learned counscl for the petitioner, submitted that the suit scheduled properly is in the possession of the petitioner. Hoq,ever, respondent No.1, by suppresstng several material facts and r,r.ilhout making the petitioner as a parly defcndant, frled a suit in O.S.No. 1.22 of 2023, wherein she u,as granted an ad inteim injunction. He furlher submi[tcd that due Lo non-availability of the presiding officer, the petitioner is not having any oLher remedy except to approach this court and filecl the present civil revision petition invoking the supervisory jurisdiction undcr Arricle 227 of the Constitution of India. \ wwit* V 2 respondent present civil

3. Mr. P- Chaitanya, lcarned counsel fi'r No. 1 / plaintiff, submitted that the Presiding Officer i-' a vailable The pctilioner, r,r'ithoul approachlng t-he lcarnecl ::''l b Divisional Magistratc eln<i Special Assislant Agcnt lo Govcrnmct'rt Mobile Court aL Bhadrachalam, straight away approached lhis (''() ir' and filecl the rer,lsion petition and rhe samc is tlor mailltainablc lurtirer submitted that the pe titior er is cntitle d to Iearned Sub Divisronal Magistrtil-e and Spccial appr-oach t1-rc AssistanL AgenL Lo Governmcnt' Mobilc Court at tl}"alrachalam' for hling a neccssary application secking his implcaclnjnL as a party delendant and for seeking vacation of the acl ir' t' rim iniunction granted in favour respondent No 1' under law. Hc Learned counsel for the pciilioner submltrel that the In- 4. charge Prcsiclil-rg Officer is adjudrcating thc procc':rl ngs only oncc i1 u,eek. Unless lhis Courl llxcs a time limit for l-he disposal of the applications, t'hich are iikcl-v to be iiled by the pctitioner' he u'i1l be put to great hardshiP' 5. Taking into consideraLion the submissic:tl; made b)' the respective partics, and without expressing any vir:u on the merits of the case and application, the petitioncr is granl-<:d liberty to file an a.pplication for impleadment as a party delendzlnl in O'S No 122 ol for vacating tine ad intenm 2023 and also to file an application in I.A. N, '. I 14 ot 2023 in in!unction g;af-rr cd on 14'06 2023 :@ ',/ \ To, J O.S.No.722 of 2023. On filing of such applications, the learned Sub Divisional I\4agistrate and Special Assistant Agent to Covernment, Mobile Court at Bhadrachalam, is directed to dispose of thc said applications u.ithin a period of one wcek from the date of its filing, in accordance \r,ith law. ll is needless to observe that both the partics are directed to cooperate in the disposal of the said applications u,ithout seeking undue adjournmenLs.

6. With the above directions, I.A.No. I ot 2025 and the civil rcvision petition are disposed of. No order as to cosLs Miscellaneous applications including I.A.No.2 of 2025, ii any pending, shall sLand clo sed. Sd/. T. SRIDEVI s TANT REGIST ,TRUE COPY//

1. The Sub Divisional Magistrate and Special Assistant A lVlobile Court at Bhadrachalam Z One CC to lVlr. T. Vasantha Rao, Advocate tOfUCl 5. On" CC to Mr. P. Chaithanya, Advocate [OPUC] 4. Two CD CoPies CTION OFFICER t to Government, o l I I i : ,# STA 1i0t1 ' '.2' '\'l * D (i) * HIGH COURT DATED:1311012025 COMMON ORDER l.A.No.1 of 2025 IN/AND CRP.No.3612 of 2025 l.A.No.1 of 2025 AND THE CIVIL REVISION PETITION ARE DISPOSED OF ,{ \\

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