Chouduri Sai Kumar v. The State Of Telangana And 7 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR W RI T PETI TI ON No.1 6 7 2 1 OF 2 0 1 9 ORDER:

This writ petition is filed questioning the action of respondents 3 to 6 in interfering with the rights of the petitioner with respect to property bearing Plot Nos.15, 16 and 17 in Sy.No.461/1(461/AA) admeasuring 168 Sq. yards each situated at Budvel Village, Rajendra Nagar Circle, Ranga Reddy District, Telangana and to declare the same as illegal, arbitrary and unconstitutional.

2.

Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Home for 1 to 6 and Sri K.Goverdhan Reddy, learned counsel appearing for unofficial respondents 7 and 8. 3.

Learned Assistant Government Pleader for Home, on written instructions, dated 06.08.2019, a copy of which is placed on record, submits that one Sri Elaka Srinivas Reddy, who is respondent No.8 in the writ petition has lodged a complaint on 18.07.2018 with the respondent No.5-Station House Officer, Rajendranagar Police Station, Cyberabad stating that one Rama Krishna Reddy, who is petitioner in W.P.No.16703 of 2019 and others trespassed into the plots purchased by respondent No.8 and started constructing houses. Pursuant to the said complaint of respondent No.8, a case was registered as Cr.No.1135 of 2018 on 18.07.2019 for the offences under Sections 447 and 427 I.P.C against Ramakrishna Reddy and others and investigation has been taken up. It is further stated by the learned Assistant Government Pleader for Home that during the course of investigation, the investigating officer visited the scene of offence for the purpose of investigation wherein it was revealed that respondent No.8 is doing real estate business and the petitioner herein is

also doing business of lands and having the land in Sy.No.461/1 (461/A,AA), which is near to the lands of respondent No.8. As part of investigation into the crime registered, the respondent No.5 called the petitioner herein to police station and the petitioner herein failed to appear before the respondent police. It is also stated that the investigation in the above crime registered is under progress.

4.

By way of said written instructions dated 06.08.2019, the official respondents 3 to 6 denied the claim of the petitioner herein that they interfered with the land of the petitioner by calling and detaining the petitioner in the police station as being incorrect, baseless and far from truth and has been created for the purpose of filing the present writ petition. While denying other averments made in the affidavit filed in support of the writ petition, the learned Assistant Government Pleader submits that the petitioner's father viz., Chowdry Chinna Venkaiah is the petitioner in W.P.No.16720 of 2019 and one Sri Rama Krishna Reddy, who is the petitioner in W.P.No.16703 of 2019 is accused No.1 in Cr.No.1135 of 2018 and the authorities except investigating in the above crime registered did not interfere with the rights of the petitioner in respect of his land. 5.

In the light of the written instructions and submissions made by the learned Assistant Government Pleader for Home as above, no further orders are necessary in the writ petition.

6.

The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE T.VI NOD KUMAR Date: 03.01.2020 grk