M. Butchaiah, Khammam And Another v. Superintendent Of Police, Khammam Dist And 6 Ot
THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.24521 of 2013 ORDER:
Heard learned counsel for the petitioners as well as learned Government Pleader appearing for the respondents 1 and 2. 2.
The prayer sought in the writ petition is as under:- " ...to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.1 to 2 in harassing the Petitioners to settle the claim of the Respondents No.3 to 7 in respect of the Petitioners land admeasuring Ac.2.20 Gts. in Sy.No.364/AA. Ac.4.01 Gts. in Sy.Nos.365/A and Ac.2.33 Gts.
in Sy.No.365/AA1, situated at Raghunadhapalem Village, Khammam Urban Mandal, Khammam District as it is in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and further direct them not to threaten the Petitioners by calling them to the Police Station and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3.
Learned Government Pleader appearing for the respondents 1 and 2 brought to the notice of this Court that pursuant to the complaint lodged by the 2nd petitioner, a case in Crime No.312 of 2013 was registered against the respondents 3 to 7. After completion of investigation, final report was filed referring it as a false case on 27.08.2016 before the concerned Court. Learned Government Pleader also brought to the notice of this Court that the respondents 1 and 2
have never harassed the petitioners, more particularly with regard to the settlement of the land dispute with the respondents 3 to 7. 4.
Since the grievance of the petitioners is that the respondents 1 and 2 are assisting the respondents 3 to 7 and harassing them to settle the matter with the un-official respondents in respect of the subject land, the registration of the crime and filing of the final report has redressed the grievance of the petitioner. If the petitioners have got any grievance or objections to the final report, the remedy available to the petitioners is to file a protest application before the very same Magistrate. In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition and the same is liable to be closed.
5.
Accordingly, the writ petition is closed.
Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
___________________ P. KESHAVA RAO, J 22nd November 2019 mar