Munga Hima Bindu D/O M. Gangulappa, v. The State Of Telangana Rep. By Its Principal Secretary,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 2915 of 2017 ORDER:
This writ petition is filed for the following relief: "......to issue a writ or direction more particularly one in the nature of writ of mandamus declaring the action of the second respondent in issuing Proceedings No.L/2076/2016, dated 20.10.2016, in seizing the petitioner's house in plot No.E-2/A, J.J.Nagar, Neredmet, Secunderabad as arbitrary, illegal and against the principles of natural justice apart from being violative of Articles 14, 21 and 300-A of the Constitution of India..."
The order impugned in the writ petition was passed by the Sub Divisional Executive Magistrate and Revenue Divisional Officer, Malkajgiri Division, Medchal, Malkajgiri District, respondent No.2 herein, in exercise of her powers under Section 133 Cr.P.C. against the petitioner, who is the owner of plot No.E-2/A, J.J. Nagar, Neredmet. It is stated therein that Crime No.509 of 2016 was registered under Section 37(A) (1) IPC and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
Since the crime was registered and the property was seized under the orders of respondent No.2, it is in the fitness of things, the petitioner should approach the criminal Court concerned for appropriate orders.
The writ petition is disposed of giving liberty to the petitioner to approach the criminal Court concerned for appropriate orders. The Registry is directed to return the papers, if any, sought by the petitioner.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:30.01.2017 kdl