Mr. D.Shivlal Yadav, v. Prl.Secy., Home Dept., State Of T.S.,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.19735 OF 2018 ORDER:
This Writ Petition is filed seeking writ of mandamus declaring the action of the respondents 3 and 4 in locking and seizing the door on the western side of petitioners house bearing Municipal No.9-3-211, at Regimental Bazar, Secunderabad, without any legal sanction or authority and without any proceedings of any court or forum of law, as illegal and arbitrary and consequently to direct the respondents 2 to 4 to remove the lock and seal illegally put by the respondents 3 and 4 to the door on the western side of petitioners house.
Heard Sri B.Shashidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents.
Learned counsel for the petitioner submits that after filing of Writ Petition, police have removed the lock and seal on the western side of the petitioner's house. Learned Assistant Government Pleader for Home appearing for respondents produced written instructions. Even in the said instructions, it is admitted that 4th respondent have locked and sealed the western side door of the petitioner's property. In the said instructions, it is stated
that since court cases are pending with regard to subject property, in order to avoid untoward incident in the locality and to keep the law and order problem in control, 4th respondent has locked and sealed the subject premises. The 4th respondent, being Police Officer, do not have power to lock and seal the subject premises of the petitioner, without following due process of law.
Recording the submission of the learned counsel for petitioner that the lock and seal put on the western side of the petitioner's property by the 4th respondent was removed; this Writ Petition is disposed of.
There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ A.RAJASHEKER REDDY,J 14-06-2018 kvs
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 19735 OF 2018 Date: 14.06.2018 kvs