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High Court for State of TelanganaWP/29512/2012disposed of no costs

Jai Bharath, v. The Government Of Andhra Pradesh,

2015-11-06A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29512 of 2012 ORDER:

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

"to issue writ of Mandamus to declare the action of the subordinates of the respondents in interfering with the activities of the petitioner society in pursuant to publishing of poster to make awareness in the society with regard to harm in usage of plaster of parries in making Vinayaka Idols as, illegal, arbitrary and also oppose to all cannons of justice and consequently direct the respondents and their subordinates not to interfere with the activities of the petitioner society with regard to publishing of poster to make awareness in the society with regard to harm in usage of plaster of parries in making Vinayaka Idols; and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case."

Heard Sri V. Sai Kumar, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

When the matter is called today, written instructions, dated 24-09-2012, furnished by the Station House Officer, L.B.Nagar P.S. Cyberabad, have been placed on record by the learned Government Pleader for Home and the said instructions read as under:

"It is submitted that the subordinates of the Commissioner of Police, Cyberabad i.e., SHO L.B.Nagar P.S. Cyberabad never interfered with the activities of the petitioner Society in publishing of poster to make awareness in the Society with regard to harm in usage of plaster of parries in making Vinayaka Idols at any point of time. It is respectfully submitted that, as of now, no complaint was received and no criminal case is registered against the petitioner society on the file of SHO, L.B.Nagar Police Station, Cyberabad Commissionerate.

It is submitted that Mobile Nos.9490617146 and 9490617149 are not belong to L.B.Nagar P.S.

It is submitted that after verification it is revealed that, the Mobile No.9490617146 is belongs to Mr.Venkateshwarlu, Inspector of Police, Malkajgiri P.S. Cyberabad and Mobile No.9490617149 is belongs to Mr.Jahangir, Sub-Inspector of Police, Malkajgiri P.S., Cyberabad.

It is respectfully submitted that on perusal of the affidavit filed by the petitioner, it shows that the above writ petition has been filed by the petitioner as a precautionary measure, if anybody lodges a complaint against the petitioner-society and to prevent the police from taking any action. As such all the allegations levied in the affidavit by the petitioners against the respondent are false, incorrect, baseless and has been created for the purpose of filing the present writ petition." On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition.

In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 24-09-2012, furnished by the Station House Officer, L.B.Nagar P.S. Cyberabad.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J November 06, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.29512 of 2012 November 06, 2015 Pn