THE HIGH COURT CANNOT ALLOW THE CONSTITUTIONAL JURISDICTION TO BE USED FOR DECIDING DISPUTES, FOR WHICH REMEDIES, UNDER THE GENERAL LAW, CIVIL OR CRIMINAL, ARE AVAILABLE:TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 24 March, 2023stating that the High Court cannot allow the constitutional jurisdiction to be used for deciding disputes, for which remedies, under the general law, civil or criminal, are available. It was stated in the case of G.Mecheal vs The State Of Telangana (Writ Appeal No.156 of 2023) which was passed by the division bench comprising of Ujjal Bhuyan, N.Tukaramji
FACTS OF THE CASE:
Appellants had filed the related writ petition to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 in issuing wrong and misleading G.O.Rt.No.270 dated 22.11.2017 sanctioning the amounts Rs.20 Crores for 6000 sq.yds of land constructing proposed high school, junior college, and women empowerment centre with total built up area 96.840 sq.ft in the Wakf Institution situated at Riasathnagar, near old santosh nagar police station Opposite to Owaisi Hospital, Hyderabad encircling the petitioners land admeasuring 3240 sq.yds as illegal, arbitrary, in violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents by setting aside G.O.Rt.No.270 dated 22.11.2017 not to make any construction in the petitioners’ land admeasuring 3,240 sq.yds situated at Riasathnagar, near old santosh nagar police station Opp to Owaisi Hospital, Hyderabad.
JUDGEMENT OF THE CASE
After learned Single Judge had passed an order on the basis of the pleadings, decision of the learned Single Judge cannot be faulted. That apart we find that State Government had sanctioned Rs.20 Crores grant-in-aid towards construction of High School and Junior College in 6000 sq.yds in the premises of Wakf Land at Dargah Hazrat Syed Khaja Hasan Barhana Shah Saheb Qibla (Rh.) at Riyasathnagar, Hyderabad. If the appellant is of the view that the aforesaid land does not belong to the Wakf Board, he is at liberty to avail his remedy as observed by the learned Single Judge.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.