THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.V.M.P.No.285 OF 2010 & Writ Petition No.1173 OF 2010 ORDER: 1 The petitioner who is Other Backward Classes Railway Employees Association, represented by its Member Mr. M.Raja Gopal approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ or direction preferably writ of mandamus directing the respondent No.2 not to entertain and release any application or list of office bearers and working committee members for the petitioner association consisting the name of respondent No.1 up to the period 2013 or to pass orders as this Hon'ble Court deems fit and proper.” 2 This court was pleased to pass an interim order on 27.01.2010 directing the respondents not to recognize any list of office bearers or working committee members consisting the name of the respondent No.1 for the period 2010-2012. Now the first respondent approached this court and filed the present Petition seeking vacation of the said order stating that the petitioner had already approached the City Civil Court, Secunderabad and O.P. 97 of 2008 is pending on the file of the I Additional Chief Judge, City Civil Court, Secunderabad and against an order dated 21.08.2008 whereby the election was suspended the first respondent approached this court and filed CMA No.986 of 2008 and this court was pleased to dispose of the said appeal by its order dated 04.12.2008 in the following manner: “Since the appellant society was recognized by the Railways, it would be just and reasonable to allow the Managing Committee represented by the appellant to continue the management, till the dispute is adjudicated in the main OP.” 3 According to the first respondent herein in the light of the said orders, passed by the I Additional Chief Judge, as confirmed by this Court, it is continuing as managing committee. But, however, in view of the interim orders passed by this court, the South Central Railway is refusing to recognize it. 4 Apparently, a competent civil court is ceased of the matter. If the petitioner has any grievance / complaint, in my considered view, the petitioner has to approach the said court for appropriate relief. He cannot approach this court and invoke the jurisdiction of this court under Article 226 of the Constitution of India when once the said OP is pending. Of course it is the contention of the learned counsel for the petitioner that the cause of action for the said OP is for the period 2008-2010 and apprehending that the first respondent society may continue as the managing committee even for the period 2010-2012 also, it approached this court and filed the present Writ Petition. Even if such is the apprehension the petitioner can plead the same before the civil Court and seek appropriate relief. Further, even according to the counsel for the petitioner the term of the first respondent comes to an end in the month of April 2010 and for that reason that also this Writ Petition is premature. 5 In the light of the above discussion, this Writ Petition is dismissed as devoid of merit. No costs. ------------------------- 02.02.2010 kvsn