Macherla Sambaiah v. Sub Inspector Of Police,

THE HONOURABLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.30486 OF 2013 ORDER:

Heard both the counsel.

2.

The prayer sought in the writ petition is as under : ".........declaring that the action of the respondents in interfering with the cultivation of the petitioners land in Sy.No.75 to an extent of Ac.1.20 guntas situated at Alipuram Village, Warangal District and also in civil litigation in spite of the injunction order passed in I.A.No.224 of 2011 in O.S.No.222 of 2011 dated 08.03.2011 on the file of II Additional Junior Civil Judge at Warangal, is highly, arbitrary, bad and illegal and pass such other order or orders as deem fit and proper."

3.

The 1st respondent filed counter affidavit stating that the respondent-police are not interfering with the possession of petitioners land and they never threatened them at the instance of 5th respondent by calling them to the police station. It is also mentioned that on a complaint lodged on 27.08.2013 by the 5th respondent, the Station House Officer, Mamnoor Police Station, stating that petitioners 1, 3 to 19 have criminally trespassed into the subject land and damaged the crops, crime was registered vide Crime No.170 of 2013 for the offences under Sections 447, 427 and 506 r/w. Section 34 of Indian Penal Code. The other allegations made in the affidavit filed in support of the writ petition are specifically denied.

4.

Though counter affidavit is filed, no reply affidavit is filed by way of rebuttal.

5.

Taking the above said facts into consideration, this Court is of the opinion that no further cause would survive in the writ petition.

6.

Accordingly, the Writ Petition is closed. No order as to costs. Pending miscellaneous petitions, if any, shall also stand closed.

____________________ P.KESHAVA RAO,J 13th September, 2019 Rds

THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION NO.30486 OF 2013 Dated:13.09.2019 Rds