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High Court for State of TelanganaWP/20882/2015disposed of no costs

Manupati Jayamma, v. The State Of Andhra Pradesh,

2015-08-05A V Sesha Sai4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.20882 of 2015 Between:

Manupati Jayamma .. Petitioner and The State of Andhra Pradesh, Home Department, Rep.by its Superintendent of Police, Guntur District, Andhra Pradesh and another.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 5.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20882 of 2015

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in interfering with petitioner's peaceful possession and enjoyment over the vacant land situated in Sy.No.171-3 of Tadepalli Village, presently known as Seethanagaram Village, Tadepalli Mandal, Guntur District, Andhra Pradesh, harassing the petitioner and her family members by calling them to the said police station and threatening to foist false cases against her family, if they do not accede to their pressure, as arbitrary, illegal, unjust, violative of the Fundamental Rights guaranteed under Articles 14, 21 and the Constitutional Right under Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment over the aforesaid land and not to harass her and her family members by calling to police station."

2. Heard Sri C.V.R.Rudra Prasad, learned counsel for the petitioner, and the learned Government Pleader for Home (Andhra Pradesh) appearing for the respondents apart from perusing the material available before this Court.

3. When the matter is called today, written instructions, dated 10.7.2015, furnished by the Assistant Sub-Inspector of Police, Tadepalli Police Station, Guntur Urban, Guntur District have been placed on record by the learned Government Pleader. The said instructions read as under:

"It is respectfully submitted that the contention of the petitioner that the 2nd respondent - Station House Officer, Tadepalli Police Station, Guntur Rural District interfered with the petitioner's possession over the vacant land in Sy.No.1713 of (Tadepalli) Seethanagaram Village, Guntur District and harassed the petitioner and her family members by calling them to the police station is false, hence denied.

It is incorrect to say that at the influence of the neighbours of the petitioner herein the respondent police called the petitioner and her family members to the police station and threatened to settle the dispute with the neighbours by accepting meagre amounts or else the police will implicate the petitioner in false cases, hence denied. It is submitted that as per the contents of the affidavit the petitioner's land is under dispute, for which the respondent police has nothing to do with it.

The petitioner is unnecessarily involving the police into civil litigation." On noticing the said written instructions, learned counsel for the petitioner has requested this Court to record the said instructions and close the writ petition.

4. In view of the aforesaid reason, the Writ Petition stands disposed of by recording the written instructions, dated 10.7.2015, furnished by the Assistant Sub-Inspector of Police, Tadepalli Police Station, Guntur Urban, Guntur District. There shall be no order as to costs.

5. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

____________________________ JUSTICE A.V.SESHA SAI Date: 5.8.2015 AMD THE HON'BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.20882 of 2015 DATE: 5.8.2015 AMD