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High Court for State of TelanganaWP/26685/2013dismissed no costs

Viparla Ramesh, v. State Of Andhra Pradesh

2018-11-29P.Keshava Rao3 pages

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No. 26685 of 2013 ORDER:

Heard the learned counsel for the petitioners and the learned Governent Pleader appearing for the respondents 1 to 5.

The prayer sought in the writ petition is as under: " For the reasons stated in the accompanying affidavit, it is hereby prayed that this Court may be pleased to issue a writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in repeatedly insisting the petitioners to appear before their authority and threatening to implicate them in false criminal cases while insisting to vacate from their respective agricultural landed properties covered by Survey Numbers 601/ 2B 601/ 12 604/ 12 303/ 10 303/ 1E to 303/ 1L 620/ 13 601/ 2A 610/ 28 610/ 26 608/ 3 608/ 4 608/ 8 601/ 1E 606/ 13 604/ 9 608/ 1 608/ 10 624/ 2B 624/ E 624/ 1C 505/ 72/ 16 624/ 2D 624/ 2A 184/ 1A 184/ 2 303/ 1C 589/ 19 625/ 12 623/ 1F 452/ 2 609/ 1C 639/ 9 516/ 6 461/ 6 459/ 8B 1230/ 2 1230/ 25 1230/ 30 and 610/ 16 of Pedalanka Revenue Village of Kolluru Mandal in Guntur District as illegal, irregular, irrational without jurisdiction, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with the personal life, liberty and properties of the petitioners and pass other orders or order as this Court may deems fit and proper in the circumstances of the case."

During the course of hearing, the learned Government Pleader placed on record the written instructions dated 20.09.2013 issued by the S.I. of Police, Kollur Police Station, Guntur District. The same are made part of the record.

From he perusal of the said instructions, it is revealed that one Sri G.Srinivasu, Jayapal and six others lodged a complaint leading to registration of Crime No.56 of 2013 for the offence under Sections 447 r/ w 34 IPC and Section 3(1)(x) of SC and ST (POA) Act, 1989. During the course of investigation, the investigating officer examined the complainant and 14 other witnesses. After recording

the detailed statements, it is mentioned that prima facie case is made out against 10 accused and they were arrested on 15.7.2013 and remanded to judicial custody. Out of 10 accused, the petitioner Nos.19, 22, 23, 26 and 30 are shown as accused Nos.1, 10, 4, 9 and 2 respectively. Except proceeding with the investigation as per law, the investigating agency did not interfere into the subject lands of the petitioners in question.

In view of the said statement made in the written instructions, this Court is of the opinion that no further orders are required in the writ petition.

Accordingly, the writ petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, shall also stand closed. __________________ P. KESHAVA RAO, J Date:29.11.2018 ccm

HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.26685 of 2013 Date:29.11.2018 ccm