R. Abraham v. The State Of Telangana
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.28504 of 2015 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by treating this writ petition as a clear case of Atrocity and direct the respondents herein to take action forthwith to prevent the entry of outsiders including the Villagers to enter into the petitioner's land admeasuring Ac.03.31 gts. in Sy.No.10 of Metlakunta Village, Bommarasipet Mandal, Mahaboobnagar District and consequently provide protection to the petitioner invoking the powers conferred under the provisions of the S.C. and S.T. (P.O.A.) Act, 1989, while directing the 8th respondent to award compensation for the atrocity committed against him and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
Heard Sri S. Tulasi Das, learned counsel for the petitioner and learned Government Pleader for Home for the respondents, apart from perusing the material available before this Court. Today, when the matter is called, written instructions, dated 1009-2015, furnished by the Inspector of Police, Kodangal Circle, Mahabubnagar District have been placed on record by the learned Government Pleader for Home, and the said instructions read as under:
"The petitioner contended that, he approached this respondent seeking preventive action as contemplated under Sec.17 of the SC and ST (POA) Act, 1989 and made a complaint to the Deputy Superintendent of Police, Narayanpet Division, Mahabubnagar District on 27.08.2014 is denied and also contended that, he was
moving round the office of this respondent and Station House Officer, Bommarasipet Police Station, but they paid deaf ear to my pleas on the ground that the issue is sensitive in nature and advised me to go for a compromise is false and baseless, hence denied, because, the petitioner neither approached this respondent nor lodged a complaint against the accused. All the allegations made by the petitioner against this respondent are totally false and baseless, hence denied. If the petitioner approaches this respondent in connection with the above said allegation, this respondent will ready to provide protection in accordance with law."
On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition, by keeping it open to the petitioner to make complaint to the police for necessary action. In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 10-09-2015, furnished by the Inspector of Police, Kodangal Circle, Mahabubnagar District and leaving it open to the petitioner to make a written complaint to the respondents-police authorities, and if any such complaint is made, the same be considered and appropriate action be taken by the respondents in accordance with law and also keeping in view the provisions of Section 17 of the SC and ST (POA) Act, 1989. The Miscellaneous Petitions pending, if any, shall also stand closed. There shall be no order as to costs. _________________ A.V. SESHA SAI, J.
Dt.11-09-2015 Note: cc in three days.
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THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29243 of 2015 September 10, 2015 Pn