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High Court for State of TelanganaWP/5293/2015dismissed

Korsa Jagadamma, W/O.Apparao, v. State Of Andhra Pradesh Rep. By Its Principal Secretary To

2015-03-18Vilas V.Afzulpurkar4 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.5293 of 2015 ORDER:

Heard.

The petitioners state that they are in peaceful possession and enjoyment of the lands admeasuring Ac.7-34 cents in R.S.No.85/1 and Ac.0-50 cents in R.S.No.8/4 situated at Rajavaram Revenue Village, Jeelugumilli Mandal, West Godavari District. The petitioners state that they are scheduled tribes belong to Koya Community. The petitioners also state that at the instance of the 5th respondent, the 3rd respondent is repeatedly calling them to the police station and insisting them to vacate from the lands in question. Hence, the present writ petition is filed seeking a Mandamus against the 3rd respondent.

Learned Government Pleader has received instructions, which state that one Kethireddy, Sri Ramachandra Reddy and Potta Venkata Lakshmi lodged a complaint against the 2nd respondent and based on which, the 3rd respondent registered a case in Cr.No.15 of 2015 for the offences punishable under Sections 447, 427 and 506 read with 34 IPC and in connection with the said crime, the 2nd petitioner was called to the police station to serve notice under Section 41(a) Cr.P.C. It is further stated that except calling the 2nd petitioner for the aforesaid purpose, police have never interfered with the civil rights of the petitioners and except the 2nd petitioner, no other petitioner was called to the police station.

From the above, it is evident that the aforesaid crime is under investigation so far as the 2nd petitioner is concerned. Mere registration of crime against the 2nd petitioner cannot be said that the civil rights of the petitioners are affected. Hence, no further directions are called for.

Accordingly, the writ petition is dismissed. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 18-03-2015 Prv HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.5293 of 2015 18-03-2015