Shaik Maabu, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42322 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "Issue a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents 2 to 4 in not registering the FIR as per directions in WP No.33720 of 2016, dated 17-10-2016, and not providing police protection to construct one portion of house and compound wall in respect of house plot in Sy.No.81/1A1, situated at Pakkirpet, Banumukkala Village, Banaganapalle Town, Kurnool District as per Banaganapalle Gram Panchayat Sanction Order B.L.No.35(4)/2015-16, dated 03-03-2016, in spite of the 1st petitioner representation dated 28-11-2016, the above plot was gifted to the petitioners through registered gift settlement deed document No.

3883/2010, dated 10-12-2010, which is illegal, arbitrary, unjust, contrary to the provisions of the Act and violation of principles of natural justice and Constitutional Rights guaranteed to the petitioners under Articles 14, 16 and 21 and consequently direct the respondents 2 to 4, to register the FIR against Shaik Mabasha, S/o.Massom Sa as per directions of this Hon'ble Court in WP No.33720 of 2016 and provide police protection to the petitioners for construction of one portion of house and compound wall in respect of house plot in Sy.No.81/1A1, situated at Pakkirpet, Banumukkala Village, Banaganapalle Town, Kurnool District duly considering the 1st petitioner representation dated 28-11-2016, as otherwise petitioners will suffer serious finance loss and great hardship."

2.

Heard and perused the material available on record. 3.

After arguing for sometime, learned counsel for the petitioners confined his arguments only to the extent of giving a

direction to respondent Nos.2 and 4 to consider the representation, dated 28.11.2016, of petitioner No.1.

4.

Considering the facts and circumstances of the case and taking into consideration of the prayer of the learned counsel for the petitioners, without expressing any opinion on merits, respondent Nos.2 and are directed to consider the representation, dated 28.11.2016, of petitioner No.1 and pass appropriate orders in accordance with law.

5.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 15.12.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42322 OF 2016 Date:15.12.2016 AMD