Talari Thimmaiah, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.40341 of 2015 ORDER:

The prayer of the petitioner in this case is as under: "The Hon'ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent instead of taking the action on the basis of representation made by petitioner Dt.28.11.2015 and supporting respondents 4 to 7 for construction of house in the place of petitoiner's property in Sy.No.352-2A to an extent of Ac.0.20 cents situated at Nyamaddala Village, C.K.Palli Mandal, Anantapur District without having any jurisdiction is illegal and arbitrary and consequently direct the respondents 2 and 3 not to interfere in to civil disputes between the petitioner and not to support the unauthorised construction of respondents 4 to 7 in respect of petitioner's property and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

The Sub-Inspector of Police, C.K. Palli Police Station, Anantapuram District, filed a counter-affidavit stating that upon the complaint made by the petitioner, Crime No.125 of 2015 was registered under Section 447 I.P.C. against the 4th respondent by the C.K. Palli Police Station and investigation was taken up. As regards the allegation that the police authorities were interfering in a civil dispute and supporting the unofficial respondents, the Sub- Inspector denied the same and asserted that the police authorities never did so. In the light of the afore-stated counter-affidavit averments, Sri N.Aswartha Narayana, learned counsel for the petitioner, would state that as the police authorities are now taking action, having registered an offence, no further orders need be passed in this writ petition. The writ petition is accordingly closed. The police authorities shall endeavour to complete the investigation in the subject crime expeditiously and take appropriate action thereon in accordance with law.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

__________________________ SANJAY KUMAR, J Date:29.02.2016 GJ