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High Court for State of TelanganaWP/21079/2015disposed of no costs

Smt. J. Sujana, v. The State Of Andhra Pradesh,

2015-08-05A V Sesha Sai4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.21079 of 2015 Between:

J.Sujana .. Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad and 3 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.21079 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 Writ of Mandamus declaring the action of the respondents in not acting upon petitioner's complaints dt.18.06.2014 to the 2nd respondent, and other representation dated 04.07.2015 to respondent no.4 seeking to provide protection of two fair price shop Nos.22 & 23, Mudivarthi Village, Gandhinagar Mazara of Vidavaluru Village and Mandal, SPSR Nellore District as illegal, arbitrary and unjust and consequently direct the authorities to provide requisite protection in respect of petitioner's dealership at fair price shop Nos.22 & 23 of Mudivarthi Village, Gandhinagar Mazara of Vidavaluru Village and Mandal, SPSR Nellore District."

2. Heard Smt J.Sujana, learned counsel for the petitioner, learned Government Pleader for Home (Andhra Pradesh) appearing for respondent Nos.1 to 3 and the learned Government Pleader for Revenue appearing for respondent No.4 apart from perusing the material available before this Court.

3. When the matter is called today, written instructions, dated 16.7.2015, furnished by the Station House Officer, Vidavalur Police Station, S.P.S.R. Nellore District have been placed on record by the learned Government Pleader for Home. The said instructions read as under:

"It is respectfully submitted that one J.Sujana who is the petitioner herein lodged a complaint on 02.07.2015 with the Vidavalur Police Station against one Kunduru Venkatasubba Reddy and 12 others stating that he is creating hurdles in carrying out of her fair price shop dealership at shop No.22. The above said person attacked the driver and abused her with filthy language, wrongfully restrained the auto of the complainant/the petitioner suspecting that she was transporting the sugar illegally, hence requested to take necessary action.

Basing on the complaint on 01.07.2015 a case was registered in Cr.No.60/2015 U/Sec.341, 506 r/w.34 IPC of Vidavalur Police Station of S.P.S.R. Nellore District. The investigation officer took up the investigation. During the course of the investigation 3 witnesses were examined and some more witnesses have to be examined. Now the petitioner again made a representation to the District Collector to the 4th respondent on 04.07.2015 requesting to provide police protection.

Hence the respondent police will receive any orders with regard to the protection, we will be ready to give protection as per Law by obtaining the permission from Superior Authorities i.e., 2nd respondent."

On noticing the said written instructions, learned counsel for the petitioner 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 16.7.2015, furnished by the Station House Officer, Vidavalur Police Station, S.P.S.R. Nellore 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.21079 of 2015 DATE: 5.8.2015 AMD