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High Court for State of TelanganaWP/21085/2015disposed of no costs

Anthony Srinu, S/O Sangaiah Occ Agriculture v. The State Of Telangana

2015-10-27A V Sesha Sai2 pages

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 21085 OF 2015 ORDER:

Today, when the matter is called, it is represented by the learned counsel for the petitioners that the Mandal Executive Magistrate, Khammam Rural (M), Khammam District, issued proceedings in R.C.No. C/5398/2012 dated 10.10.2014 under Section 145 Cr.P.C. Assailing the said proceedings, the first petitioner herein filed Crl.P.No. 8123 of 2015 before this Court. A copy of the said order is placed before this Court and this Court while disposing of the said Criminal Petition, at paragraph 5, observed as under: "5.

Prima facie, the material falls short for this Court as to the police station and the Executive Magistrate proceedings, rather than staying the mater, the schedule and extents are one and the same that too without filing the tippon as to the existence of sub division and other revenue records as it is difficult for this Court, to dispose of, thereby before admission and before notice to respondent No.

1, second party, the application is disposed of by directing the Mandal Executive Officer as per the letter and spirit of Section 145(4) proviso of the entitlement of the person, if at all wrongfully dispossessed to be put in possession within two months from the report of the police by initiation of the proceedings which indicate the expeditious disposal preferably within two to three months and as the proceedings are of October, 2014 pending for more than 11 months in directing to dispose of within two months from the date of receipt of the order by passing appropriate orders.

on the final order being passed, are left open." It is further represented by the learned counsel for the petitioners herein that this Writ Petition can be disposed of recording the orders passed by this Court in Crl.P.No. 8123 of 2015.

In view of the above submission made by the learned counsel for the petitioners and also in view of the orders passed by this Court in Crl. P.No. 8123 of 2015 dated 23.9.2015, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

_______________________ A.V. SESHA SAI, J Date: 27.10.2015 KA