Bommasani Mutyala Rao, v. The State Of Andhra Pradesh,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5871 of 2015 BETWEEN Bommasani Mutyala Rao.
... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioner: MR. R.K. SURI Counsel for the Respondents: GP FOR HOME (AP) The Court made the following:
ORDER:
This writ petition is filed by the petitioner complaining that this
complaints dated 15.10.2011 and 01.11.2011 are being examined and appropriate action is not taken by the respondents.
2. The affidavit of the petitioner itself shows that the complaint was given against his tenant, against whom the petitioner has filed a suit O.S.No.24 of 2012 before the Senior Civil Judge, Tenali, but the said suit was dismissed and the petitioner appears to succeed in an appeal A.S.No.32 of 2014 before the X Additional District & Sessions Judge, Tenali.
3. The said decree for eviction and arrears of rent is not being executed by the petitioner but complaining that the tenant is not vacating the premises and intimidating and forcibly trespassing into the property, the aforesaid complaints are filed. Now since four years have gone by since the initiation of the complaint, it is not appropriate to entertain the writ petition. Petitioner having obtained a decree, it is open for him take further steps in accordance with law. The writ petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J March 10, 2015 DSK