Shri B.S.Saifulla S/O B. S.Mahaboob Peera v. The State Of Andhra Pradesh Rep. By Its
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.1637 OF 2015 ORDER:
The prayer sought for in the present writ petition is as under:
"to issue Writ order or direction more particularly in the nature of writ of mandamus declaring the action on the part of the respondents in interfering in the alleged civil disputes and alleged land grabbing charges etc., concerning the land in Survey No. 156-2, situated at Narayanapuram Village, Ananthapur District admeasuring Ac 4.00 as arbitrary, illegal, extra legal in nature, contrary to section 12 of the A. P. Land Grabbing (Prohibition) Act, 1982 violative of the fundamental rights guaranteed to the petitioner under Article 14 19(1)(g) and 21 of the Constitution of India and violative of Article 300-A of the Constitution of India and direct the respondents not to take any extra legal action falling under the domain of the A. P.
Land Grabbing (Prohibition) Act, 1982 or common law court in interest of justice or pass such order or orders as the Honorable Court may deemed fit and proper in the circumstance of the case" Mr.Ramesh Babu, the learned Assistant Government Pleader for Home (A.P.), on written instructions, submits that the official respondents are not interfering with the civil disputes between the petitioner and the unofficial respondents herein as alleged in the writ petition. It is submitted that basing on the complaint filed by one Smt. Vanaja on 02.02.2015, a case has been registered against the petitioner and others in Crime No.20 of 2015 under Sction 420 r/w 34 I.P.C. Only to avoid the investigation in connection with the said crime, the present writ petition has been filed. However, Ms.RachanaS.
Waddepally, learned counsel appearing for the petitioner contended that the said crime has been registered as a counterblast to the complaint already lodged by the petitioner.
In view of the above and since we are in 2018, this Court is of the opinion that the relief as sought for in the writ petition cannot be granted at this stage and the same is dismissed. However, liberty is granted to the petitioner to avail the remedies available under law as and when fresh cause of action arises. No costs.
Pending miscellaneous petitions, if any, shall stand closed. ________________________ T. AMARNATH GOUD, J 27th DECEMBER 2018.
Tsr