M.Rambabu, Warangal District v. Prl Secy, Home Dept, Hyderabad And 5 Others

THE HON'BLE SRI JUSTI CE S.V.BHATT WRI T PETI TI ON No.33680 of 2013 ORDER:

Heard Mr.B.Jithender for the petitioner and the Assistant Government Pleader for Home for respondent Nos.1 to 5.

2.

The petitioner prays for mandamus declaring the action of respondent Nos.1 to 5 in interfering with his possession and enjoyment of an extent of 484 sq.yds. out of 4261 sq.yds. of Hasanparthy Village and Mandal, Warangal District and also demolishing the structures at subject matter of the writ petition as illegal, arbitrary and unconstitutional. The counsel for the petitioner requests time to file additional affidavit and material papers. 3.

The Assistant Government Pleader submits that the stand taken in the counter-affidavit is clear that respondent Nos.1 to 5 are not interfering in a civil dispute between the rival claimants of the same property. He further contends that the petitioner, if aggrieved by a crime registered on him, he can work out all the remedies.

4.

I have perused the record, particularly the counter-affidavit filed by respondent No.4. By accepting the stand taken in the counter-affidavit of respondent No.4, the Writ Petition is disposed of. The petitioner is given liberty to work out either in the pending crime or before the competent Court against any act undertaken in excess of the jurisdiction and authority by respondent No.5. No costs.

5.

As a sequel to dismissal of the Writ Petition, miscellaneous petitions, if any, pending for consideration stand dismissed as infructuous. _________________ S.V.BHATT, J 05th December, 2017 GHN