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High Court for State of TelanganaWP/37127/2015dismissed

Katku Rajaiah, v. The State Of Telangana,

2015-11-20Vilas V.Afzulpurkar5 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.37127 of 2015 ORDER:

Heard.

This writ petition is filed against the order issued by the 4th respondent in Lr.No.B/1811/2015, dated 04-11-2015 directing the 6th respondent to provide police protection to the 7th respondent in enjoying the land claimed by the petitioners. The petitioners question the said proceedings primarily on the ground that they have already filed a civil suit in O.S.No.77 of 2009 before the Junior Civil Judge, Manthani, against the 7th respondent and an injunction order is subsisting in their favour for the very same land as claimed by the 7th respondent. On the last occasion, the matter was adjourned for getting instructions by the learned Government Pleader and also to enable the petitioners to produce a copy of the injunction order.

Learned counsel for the petitioners as well as the learned Government Pleader has placed before this Court the further proceedings issued by the 4th respondent on 09-11-2015.

The instructions obtained by the learned Government Pleader from the 4th respondent also show that the 4th respondent is appraised of the injunction orders granted by the competent court viz., Junior Civil Judge, Manthani, as referred to above. In para '4' of the instructions, it is stated as follows:- "In this regard on verification of the documents (submit by the Sri K.Rajaiah, S/o.Jaggaiah on 09-11-2015) accordingly Memo was issued to both parties that this case was pending at the Hon'ble Junior Civil Judge, Manthani and the Hon'ble Joint Collector, Karimnagar. So, I am unable to take any action in this case."

In view of that, since the 4th respondent himself has effectively withdrawn the

impugned proceedings, nothing further survives for consideration. Accordingly, the writ petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed. _______________________ VILAS V.AFZULPURKAR, J Date: 20-11-2015 Prv

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.37127 of 2015

20-11-2015 Prv