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High Court for State of TelanganaWP/20866/2015disposed of no costs

Yannam Ramana Reddy, S/O.Rami Reddy v. The State Of Andhra Pradesh,

2015-08-05A V Sesha Sai5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.20866 of 2015 Between:

Yannam Ramana Reddy and another.

.. Petitioners and The State of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad and four others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 5.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20866 of 2015

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the respondents 3 and 4 in interfering with the life and personal liberty of the petitioners, by summoning them to the police station and forcing them to execute and register documents in favour of the 5th respondent, in respect of property belonging to the 2nd petitioner, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 to refrain from doing so."

2. Heard Sri V.Surya Kiran Kumar, learned counsel for the petitioners, and the learned Government Pleader for Home (Andhra Pradesh) appearing for respondent Nos.1 to 4 apart from perusing the material available before this Court.

3. When the matter is called today, written instructions, dated 13.7.2015, furnished by the Sub-Inspector of Police, Nadendla Police Station, Guntur District have been placed on record by the learned Government Pleader. The said instructions read as under: "It is respectfully submitted that the contention of the petitioners that the respondents 3 and 4, Circle Inspector of Police, Chilakaluripet Rural Circle and the Station House Officer, Nadendla Police Station, Guntur District interfered with the life and liberty of the petitioners by summoning them to the police station and forced them to execute and register document in favour of the 5th respondent with regard to the property belonging to the 2nd petitioner herein is false, hence denied.

It is incorrect to say that at the instance of the 5th respondent-Sk.Bura Sydu the respondents police interfered with the civil dispute, threatened to relinquish the properties in favour of the 5th respondent and the respondents police

detained the petitioners in the police station, hence denied. It is submitted that when the 5th respondent did not lodge any complaint against the petitioners herein, the question of summoning the petitioners to the police station does not arise. After going through the contents of the affidavit and the material papers filed in support of the writ petition, it seems that there was a dispute between the 1st petitioner and the sister of the 5th respondent namely Shaik Burami with regard to the recovery of amount in O.S.No.254/2014 before the Hon'ble Addl.Senior Civil Judge, Narsaraopet, for which the respondents police have nothing to do with it. The petitioners unnecessarily are involving the police into civil litigation. As stated above, the respondents police never tried to interfere with the life and liberty of the petitioners by summoning them to the police station, forced them to execute and register document in favour of the 5th respondent with regard to the property belonging to the 2nd petitioner herein at any point of time."

On noticing the said written instructions, learned counsel for the petitioners has requested this Court to record the said instructions and close the writ petition.

4. In view of the aforesaid reason, the Writ Petition stands disposed of by recording the written instructions, dated 13.7.2015, furnished by the Sub-Inspector of Police, Nadendla Police Station, Guntur District. There shall be no order as to costs.

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

____________________________ JUSTICE A.V.SESHA SAI Date: 5.8.2015 AMD

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20866 of 2015

DATE: 5.8.2015 AMD