Islavath. Bairaj, S/O. Gunya, v. The Superiendent Of Police, Khammam.

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29291 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 Respondent No.2 in trying to grab the land of Petitioner is as illegal, Arbitrary, Unjust and against the law violation of Principle of natural Justice and consequently direct the Respondent No.2 not to interfere in the peaceful possession of the Petitioner land situated behind the Police Station at Garla admeasuring 528 Sq. Yards purchased by the Petitioner."

Heard, Sri Jogram Tejawath, learned counsel for the petitioner and learned Government Pleader for Home for the respondents.

The case of the writ petitioner is that police are trying to grab the land purchased by the petitioner.

A counter-affidavit deposed by the 2nd respondent - the Sub-Inspector of Police, Garla Police Station, Khammam District is filed and paragraph No.6 of the said counteraffidavit reads as under: "6.

I humbly submit that the then Mandal Revenue Officer, Garla Mandal has given advance possession of the above land to the then Circle Inspector of Police, Garla Bayyaram, Khammam District on 16.10.2006

under a cover of panchanama. Keeping in view of the same, a board was erected stating that the land belongs to Police Department which was allotted for construction of police quarters. I submit that although the petitioner's house was situated just behind the police station, the said house was no way concerned with the police. I humbly submit that there is no necessity for the respondent police to grab the house of the petitioner except constructing the police quarters in the allotted government land measuring an extent of Ac.0.03 1⁄2 gts of government land (abadi) in the backside of the existing police station at Garla. I humbly submit that the respondent police never tried to occupy or grab the land of the petitioner herein." In view of the averments in the above said paragraph, this Court deems it appropriate to dispose of the present writ petition by placing on record the said averments of paragraph No.6.

For the aforesaid reasons, the writ petition stands disposed of, by placing on record the averments made in paragraph No.6 of the counter-affidavit filed by the SubInspector of Police, Garla Police Station. No costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J October 17, 2016 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29291 of 2012 October 17, 2016 Pn