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High Court for State of TelanganaWP/15732/2015disposed of no costs

Veshala Ramesh Babu v. The Station House Officer, Parkal Police Station,

2015-06-24A V Sesha Sai5 pages

O R D E R:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"Issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus: i) to declare the action of the respondents 1 to 3 herein in trying to interfere with the business of the petitioner of Cable T.V. Operations in Parkal even inspite of he obtaining registration Certificate from the Competent Authority i.e. the Post Master, Parkal Head Office, vide Registration Certificate No. CT 435 valid from 1.5.2015 to 31.5.2016 as illegal arbitrary, out of jurisdiction, unjust apart from violative of principles of natural justice and against the powers vested in them; and ii) to consequently direct the respondents 1 to 3 herein not to interfere with his cable T.V. Operations in any manner in Parkal pursuant to the Registration Certificate No.CT 435 obtained by him from the Post Master, Parkal Head Office."

2. Today, when the matter is taken up, the written instructions dated 12.06.2015 furnished by the Sub-Inspector of Police, Parkal Police Station, Warangal District, have been placed on record by the learned Government Pleader for Home and the said instructions read as under: "It is respectfully submitted that as per the records, as of now, no complaint or case whatsoever was received or registered against the petitioner herein on the file of Parkal Police Station, Warangal.

It is submitted that the allegation of the petitioner that on 2.6.2015, five to six unknown persons in mufti, who appeared to be police personnel, came to him in the early hours, claiming themselves to be the police personnel sent by the respondents 1 to 3 herein and warned him not to return Cable TV business in Parkal is absolutely false, baseless and hence the same is denied.

It is submitted that the allegation of the petitioner that inspite of showing the copy of registration certificate, this respondent police personnel warned him not to run cable TV operations in Parkal is false and hence denied. It is submitted that the allegation of the petitioner that the respondents 1 to 3 are trying to obstruct his cable TV operation at Parkal at the instance of some rival groups in

business is also false and hence denied.

It is pertinent to submit that no complaint is received against the Cable activities of the petitioner herein till date. At no point of time, this respondent police 1 to 3 never sent any of the constables in mufti to the petitioner nor warned him as alleged.

I humbly submit that this respondent enquiries revealed that to prevent the police from taking any action in the event of lodging of any complaint in future, he rushed to the Hon'ble Court and filed the present writ petition on mere apprehension and on baseless allegations.

I humbly submit that this respondent police never interfered with the cable activities of the petitioner herein."

3. Learned counsel for the petitioner requested this Court to record the said instructions dated 12.06.2015 and dispose of the writ petition.

4. In view of the above, the writ petition is disposed of by recording the instructions mentioned supra. As a sequel, Miscellaneous Petitions, if any, shall stand closed. No order as to costs. ______________ A.V.SESHA SAI,J Date: 24.06.2015 grk Note: Furnish CC in two days.

b/o grk

Dated 24th June, 2015 grk

Date:24.06.2015 Between:

Veshala Ramesh Baby s/o Ilaiah, Aged 40 years, Munnurkapu by Caste, Occ: Proprietor of M/s. Sai Ganesh Cable T.V. Net Work, H.No.6-116, Main Road, Near SBH, Jawahar Nagar Colony, Bhupalpally, Warangal District. .

... Petitioner and The Station House Officer, Parkal Police Station, Parkal, Warangal District and five others.

... Respondents