Ramavath Srinu v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19198 of 2019 O R D E R :

This writ petition is filed challenging the action of the respondents in not obeying the orders of this Court and for a consequential direction to the respondent not to interfere with the peaceful possession and enjoyment of the petitioner over his patta land.

Learned Assistant Government Pleader for Home produced written instructions dt.04.09.2019, submitted by the Sub-Inspector of Police, Ibrahimpatnam P.S., Rachakonda Commissionerate. To the extent of their relevance to the present writ petition, the said instructions read as under;

"It is submitted that the allegations made by the petitioner that the Station House Officer, Kandukur, is interfering in civil matter of the petitioner and restraining him from conducting agriculture activities in his agriculture land is false and denied herewith, as the Station House Officer, Kandukur, never interfered in the civil disputes of the petitioner at any point of time and never restrained him from doing agriculture activities in his land.

It is submitted that in fact basing on the complaint of one Konijeti Kiran, a case is registered against the petitioner in Crime No.1/2019, U/s.447, 427, 506 r/w.34 IPC of Kandukur Police Station, on 06.01.2019 regarding trespassing into the land of complainant in Sy.No.310, 214 of Kandukur village revenue limits. It is submitted that in the above case, charge sheet has also been filed vide

C.C.No.205/2019, on the file of XXVII Addl.Metropolitan Magistrate, Maheswaram."

It is to be seen that the petitioner filed this writ petition declaring the action of the respondents in not obeying the orders passed by this Court as illegal, arbitrary, unreasonable and violative of principles of natural justice.

When orders of this Court are violated, petitioner has remedy of filing Contempt Case, but, instead of availing the said remedy, petitioner filed the present writ petition.

In view of the above, recording the aforesaid written instructions of the learned Assistant Government Pleader, the writ petition is disposed of granting liberty to the petitioner to avail alternate remedy as may be available to him under law. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 09.09.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19198 of 2019 09.09.2019 tk