Mohd Ghouse Khan, v. Prl.Secy., Home Dept., State Of T.S.,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9041 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the official Respondents no. 4, 6, 7 and interfering into petitioner peaceful possession of agricultural land an extent of Ac.6.37 Gts in Sy.No.560, Achampet Village, Nizam Sagar Mandal, Kamareddy District is arbitrary, illegal, unconstitutional, in violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently may direct the official Respondents no.4, 6, 7 and 8 not to interfere into Petitioner's peaceful possession of the land an extent of Ac. 6.37 Gts in Sy.No.560, Achampet Village, Nizam Sagar Mandal, Kamareddy District."

2.

I have heard the submissions of Sri D.Srinivas, learned counsel for the petitioner, of the learned Government Pleader for Home (TG), appearing for the respondents 1 to 6, of the learned Government Pleader for Revenue (TG), appearing for the respondents 7 and 8; and of Sri H.Venu Gopal, learned counsel appearing for the 9th respondent. I have perused the material record.

3.

Learned Government Pleader for Home, on written instructions, dated 20.03.2018, a copy of which is placed on record, would submit that on the complaint of one Jadhav Ganesh lodged with the police of Nizamsagar Police Station, Nizamabad District, a case in Crime No.141 of 2013 has been registered and later on, S.C.No.26 of 2014, which arose out of the said crime, ended in acquittal by the judgment of the Special Court for trial of

the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Nizamabad; that later, the petitioner herein lodged a police report with Nizamsagar Police Station, Nizamabad District, and a case in Crime No.35 of 2016 was registered for the offences under various penal provisions; that the subject matter relates to Community Certificate; that the crime was registered against Tahsildar and Sub-Divisional Police Officer, who investigated into Crime No.141 of 2013; and, that ultimately, after investigation, the crime was closed as 'Action dropped' and that this writ petition is motivated as per the instructions received.

4.

Learned counsel for the petitioner, having regard to the submission of the learned Government Pleader for Home, would submit that since it is now being stated that the official respondents including the 9th respondent, are not interfering with the petitioner's possession of the subject land, the writ petition may be closed.

5.

As desired, recording the submissions, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE M.SEETHARAMA MURTI Date: 24.04.2018 AMD

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9041 OF 2018 DATE: 24.04.2018 AMD