HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.P.No.5555 of 2010 Dated: 10-03-2010 Between: Voona Sarveswara Rao …Petitioner AND Pillala Neeladri Rao & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.5555 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) The disputes between the petitioner and the respondents herein was referred to the arbitration, before which, a memo was filed by the first respondent herein and others stating that points for determination are to be framed and reserving their right to file additional affidavit, if necessary, on the points so framed. The petitioner herein also filed a memo adopting the objections filed by the respondents. The sole Arbitrator, by consideration of the memo, by order, dated 23.2.2010 ordered that both the sides shall adduce their respective evidence in conformity with their respective pleadings so as to enable the Arbitral Tribunal to pass an award in conformity with the provisions contained in Section 31 of the Arbitration and Conciliation Act, 1996 and accordingly, rejected the memo. Aggrieved, petitioner filed an application under Section 34 of the Arbitration and Conciliation Act before the District Judge, Srikakulam. On 5.3.2010 the same was returned with some office objections viz., (i) as to how the application is maintainable under Section 34 of the Arbitration and Conciliation Act and (ii) Correct Court fee and correct provision of law has to be specified, and to comply the said objections, 7 days time was granted. The petitioner instead of re-submitting the said application and availing the remedies available to him invoked the jurisdiction of this Court under Article 226 of Constitution of India by way of filing the present writ petition. It is now fairly well-settled that unless statutory rights or fundamental rights of the petitioner are infringed or violated, he cannot maintain the present writ petition. Further, the award, if any, passed by the Arbitrator without considering the objections raised by the petitioner, still the same can be challenged before the appropriate forum under the provisions of the Arbitration and Conciliation Act. Therefore, the present writ petition is misconceived and cannot be entertained. Accordingly, the writ petition is dismissed at the admission stage. There shall be no order as to costs. ________________ A. GOPAL REDDY, J. __________________ MARCH 10, 2010 G.V. SEETHAPATHY, J. Tsr.