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High Court for State of TelanganaWP/11509/2018closed no costs

Mohammed Aleem v. The State Of Telangana

2018-04-16M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.11509 of 2018 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/s: '..to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action f the Respondent Nos.3 and 4 in interfering with Petitioner's land to an extent of 250 sq. yards (109 Sq.Mtrs) in Sy.No.23/A, situated in Sivarampally Jageer, Rajendranagar Municipality, Ranga Reddy District, without any right or authority as illegal, improper, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the Respondent Nos.3 & 4 not to interfere with Petitioner's land to an extent of 250 sq. yards (209 Sq.Mtrs) in Sy.No.23./A, situated in Sivarampally Jageer, Rajendranagar Municipality, Ranga Reddy District, and to pass such other order or orders may deem fit and proper in the circumstances of the case.'

At the hearing, learned counsel for the petitioner would submit that the respondent police officers are interfering with the civil dispute without any right or authority and that if a direction is given to them not to interfere with the petitioner's subject land, the grievance of the petitioner stands redressed. Learned Government Pleader for home, on written instructions, dated 09.04.2018, a copy of which is placed on record, would submit as follows: - 'One Dr.K. Konda Reddy, Associate Dean, College of Veterinary Science, Rajendranagar, Ranga Reddy District, lodged a report, dated 12.01.2017, with the Station House Officer, Ranjendranagar Police Station, inter alia, stating that near Pillar No.254 on P.V. Narasimha Rao Expressway certain outsiders are occupying the area of University by making some writings on the University walls and building structures; that when such encroachments were made earlier by outsiders by digging the land, the same were stopped by the police

on the complaint of the College; that the University has got Ac.7.12 guntas of land in Sy.No.23/A at Pillar No.254; and, that certain persons again started construction of compound walls, on 12.01.2017. Basing on the said report, a case in Crime No.89 of 2017 was registered, on 12.01.2017, for the offences punishable under Sections 447 and 427 of IPC and investigation is taken up into the said crime. Except conducting investigation into the above-said crime as per law, no interference was caused with the subject land of the petitioner; and, the police never interfered with any alleged civil dispute. During the course of investigation necessary action would be taken against the persons named in the report.'

Learned counsel for the petitioner would submit that if the afore-stated submissions of the learned Government Pleader are recorded and the writ petition is closed, the ends of justice would be met. Recording the above submissions, the Writ Petition is closed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

__________________________ M.SEETHARAMA MURTI, J 16.04.2018.

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