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High Court for State of TelanganaWP/3722/2018disposed of no costs

Doddapaneni Kondal Rao v. The State Of Andhra Pradesh Department Of Home

2018-02-28A V Sesha Sai4 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.3722 OF 2018 ORDER:

Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, learned Government Pleader for Home (A.P.) appearing for respondent Nos.1 to 4 and Sri V.Subrahmanyam, learned counsel appearing for respondent No.5.

2.

When the matter is taken up, written instructions, dated 07.02.2018, furnished by the Sub-Inspector of Police, II Town Police Station, Vijayawada are placed on record by the learned Government Pleader for Home. The said instructions read as under:- "The writ petitioner is the grandson of one Doddapaneni Seetharamma who is the original owner of vacant land to an extent of 968 sq.yards in RS.No.84/5 of Ambapuram Village, Vijayawada Rural, Krishna District vide Document No.4827/1980.

One Veerapaneni Shankara Rao who is mechanic and resident of same locality of the grandmother of the writ petitioner used to visit the house of the grandmother of writ petitioner and deceived the grandmother of the writ petitioner and obtained registered gift deed in favour of Veerapaneni Shankara Rao. Noticing the deceitful mind of Shankara Rao, the grandmother of writ petitioner cancelled the Gift Deed vide Document No.94/2001 in the Sub Registrar Office, Vijayawada. Thereafter, the grandmother of the writ petitioner placed the matter with the elders and to return the Regd. Gift Deed but the said Shankara Rao did not return the Gift Deed to the grandmother of writ petitioner on one or other pretext. After the death of grandmother of writ petitioner, the said Shankara Rao executed the gift deed

to his wife in the year 2009. Thereafter the wife of Shankara Rao executed a registered sale deed in the year 2014 to the respondent No.5. All these disputes has to be decided in the Civil Court.

It is submitted that, on receipt of report from the Director General of Police, Andhra Pradesh, Dis.No.04/CP-Camp/DGP Peshi/18, dated 18.01.2018 to the DCP-II and the DCP inturn sent the petition to the ACP West vide Dis.No.59/DCP,L&O-II/VZA, dated 21.1.2018 (Copy of the petitioner enclosed) and Commissioner of Police, Vijayawada City, (Copy of the petitioners are enclosed herewith). The Station House Officer, II Town visited the scene and enquired the matter only and reported the same to the Commissioner of Police, Vijayawada. Further while the matter is under enquiry, a case in Cr.No.525/2017 is registered against Bali Govinda for the offence U/sec.11 of the Prevention of Cruelty of Animals Act, 1960, since the said Bali Govinda is farming Cocks which are used for Cock fight. It is submitted that the Station House Officer, II Town P.S. did not involved in any civil matter with regard to the subject matter of the writ petition of the writ petitioner. The S.H.O. II Town P.S. enquired the matter as per the orders of the Higher Officers only." 3.

On noticing the same, a request is made by the learned counsel for the petitioner to place the said instructions on record and to dispose of the writ petition.

4.

Recording the said submission, the Writ Petition is disposed of, by placing on record the written instructions, dated 07.02.2018, furnished by the Sub-Inspector of Police, II Town Police Station, Vijayawada. 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 : 28.02.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.3722 OF 2018 Date: 28.02.2018 AMD