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High Court for State of TelanganaWP/33463/2014dismissed no costs

Emmadi Esender, v. The State Of Telangana, Represented By Principal

2020-01-02P.Keshava Rao2 pages

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.33463 of 2014 ORDER:

There is no representation on behalf of the petitioner. 2.

The prayer sought in the writ petition is as under:- "...to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not taken any steps against the Accused persons and pass such other order or orders which the Honorable Court deems fit and reasonable to reach the ends of the Justice."

3.

Learned Government Pleader appearing for the respondents 1 to 4 placed on record the written instructions issued by the 4th respondent-Station House Officer, Subedari Police Station, Warangal District.

4.

From a perusal of the said written instructions, it is revealed that the petitioner submitted a petition to the Superintendent of Police, Warangal Urban, stating that he belong to SC caste and having lands in Survey Nos.492 and 493 at Revenue Village Waddepally of Subedari, Warangal District. He approached the II Additional Junior Civil Judge at Warangal and obtained status quo orders in O.S.No.162 of 2008. On 28.01.2014 at 11.45 a.m. the persons, namely Donthi Visnuvardhan Reddy, Raji Redy and Ajay Reddy, entered into the above said lands with a proclainer bearing No.AP-04-AJ-6797 and started leveling the land. Immediately the petitioner went there and objected to it. Thereupon, the above said persons abused him in filthy language by touching his caste name and also beat him, due to which, he received injuries. Thereafter, he approached the 4th respondent on 28.01.2014. Upon receipt of the said petition, the same was

forwarded to the 4th respondent for enquiry and report. On receipt of the said petition, the 4th respondent conducted a preliminary enquiry to know the veracity in the contents of the petition. During the course of preliminary enquiry, the 4th respondent visited the scene of offence. He examined the petitioner and also the neighbouring land owners i.e., Dr.K.L.V. Prasad and Bethi Ramadevi. It is further mentioned in the instructions that the petitioner went to the site and shown status quo orders granted in O.S.No.1623 of 2008 and on the said objection, the above named persons left the place. Thereafter, no one turned up. The neighbours also stated that no quarrel had taken place and no one beat the petitioner on 28.01.2014 at 11.45 a.m. on the above disputed site.

Accordingly, after conducting preliminary enquiry into the matter, enquiry report was submitted to the Superintendent of Police, Warangal Urban, through proper channel. It is also further mentioned that all the allegations made in the complaint are false, which were elicited in the course of preliminary enquiry into the matter, and hence no action was taken on it.

5.

In that view of the matter, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

6.

Accordingly, the writ petition is dismissed. No order as to costs.

Miscellaneous petitions pending, if any, shall stand dismissed. ___________________ P. KESHAVA RAO, J 2nd January 2020 mar