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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Principal Rent Controller, City Civil Court, Secunderabad – Respondent
| Table of Content |
|---|
| 1. background facts of eviction proceedings. (Para 2 , 3 , 4) |
| 2. contentions regarding procedural irregularities and maintainability. (Para 8 , 9) |
| 3. high court's discretion regarding writ petitions. (Para 10 , 11 , 12) |
| 4. distinction between maintainability and entertainability of writ petitions. (Para 15 , 16 , 18) |
| 5. final decision on writ petition. (Para 24) |
1. Heard Mr. Avinash Desai, learned Senior Counsel representing Mr. D. Narender Naik, learned counsel for the petitioner and Mr. A. Venkatesh, leaned Senior counsel, representing Mr. Vishal Kumar Jain, learned counsel appearing or respondent No.2.
Undisputed facts: -
2. Second respondent herein had filed an application vide RC No.17 of 2022 before the 1st respondent under Section 10 (2) (i) of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short ‘the Act’) against the petitioner herein seeking eviction of it from the subject property i.e. land situated at Sardar Patel Road, Secunderabad in Old No.103, admeasuring 91’-0” North to South and 155’-0” East to West in all admeasuring 14500 sq.feet along with constructed area admeasuring 500sq.feet bounded by North: Sardar Patel Road, Sou
Writ petitions should not be entertained when an alternative statutory remedy exists, emphasizing the need for adherence to procedural norms and discretionary nature of writ jurisdiction.
Judicial orders from civil courts cannot be challenged through writs under Article 226; alternative remedies must be exhausted first.
The High Court should not entertain writ petitions under Article 226 when effective alternative remedies under the SARFAESI Act are available; exceptions apply in cases of jurisdictional errors, frau....
The High Court cannot entertain a writ petition against an appealable order if the statutory period for filing an appeal has expired, reaffirming that adherence to statutory limitations is essential ....
Writ petitions against quasi-judicial authorities are not maintainable if statutory remedies are available unless exceptional circumstances like natural justice violations are proven.
An order passed by the Civil Court is amenable to scrutiny by the High Court only in exercise of jurisdiction under Article 227 of the Constitution of India, and no letters patent appeal would be mai....
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