D N.Anjaneyulu v. Ts

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.443 of 2018 ORDER:

The petitioner states that he is the absolute owner of the land admeasuring Acs.5.00 in Survey No.147/54 of Gudur Village, Doma Mandal, Vikarabad District. It is an assigned land. The name of the petitioner was entered in the revenue records by the proceedings of the third respondent dated 01.09.2016 and pattadar pass books and title deeds were also issued. When respondent Nos.5 to 8 tried to interfere with the said property, the petitioner filed O.S.No.68 of 2017 before the Court of Junior Civil Judge, Vikarabad, seeking permanent injunction, and the learned Judge granted ad interim injunction in I.A.No.219 of 2017 on 13.09.2017. In spite of the said injunction order, when the unofficial respondents tried to interfere with the property, the petitioner lodged a complaint with the Station House Officer, Doma Police Station, on 06.11.

2017 and the same was registered as Crime No.68 of 2017. When again interference took place, Crime No.77 of 2017 was registered on 02.12.2017. The third respondent initiated proceedings under Section 107 Cr.P.C and directed respondent Nos.5 to 8 to execute a bond for Rs.1,00,000/- for keeping peace and good behavior. Accordingly, they executed the same on 24.10.2017. The petitioner was also asked to execute the bond for the same amount and he executed the same on 24.10.2017.

executing the bonds, respondent Nos.5 to 8 are interfering and he brought the same to the notice of the third respondent on 11.12.2017. The present Writ Petition is filed challenging the inaction of the third respondent in taking further steps consequent to the execution of bonds by respondent Nos.5 to 8. It is clear from the above facts that ad interim injunction was granted in favour of the petitioner and two crimes were registered at the instance of the petitioner against respondent Nos.5 to 8. The third respondent also got the bonds executed for peace and good behaviour from the petitioner as well as respondent Nos.5 to 8. When the petitioner submitted the representation on 11.12.2017, the third respondent made an endorsement to the Sub Inspector, Doma, for taking necessary action as per bind over conditions and it is for the Sub Inspector of Police to take further action. This Court cannot pass any orders at this juncture, as the third respondent acted promptly and it is for the fourth respondent to take necessary steps.

The Writ Petition is not maintainable, and the same is, accordingly, dismissed at the admission stage.

The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 19.01.2018 vs