N.Mallikarjuna Rao S/O. N.V.Subbaiah, v. The State Of Andhra Pradesh, Represented By Its
HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 416 of 2017 Order:
This Writ Petition was filed challenging the action of the third respondent in not taking any measures to protect the petitioner's possession over the land of Ac.0.50 cents, in Survey No.32/1, Gangavaram village, Santhanuthalapadu Mandal, Prakasam District even after direction from the second respondent on 08.06.2016. The petitioner states that he was given the above land under assignment vide D.K.No.98 of 1993 dated 25.03.1984. He filed W.P.No.14544 of 2008 and the same was disposed of on 17.09.2008 directing the respondents therein to remove the encroachments and handover the assigned land to him. When the said order was not implemented, he filed Contempt Case No.
958 of 2010 and the second respondent filed an affidavit stating that he is ready to hand over possession of the land and recording the same the said Contempt Case was closed on 16.03.2012. While so, when some persons, without any right or title to the land, tried to interfere, he made a complaint on 08.06.2016 to the second respondent to give protection. When the same was not acted upon, he filed the present Writ Petition. Today, when the matter is taken up for consideration, learned Government Pleader for Home, on the basis of written instructions, submits that the petitioner did not approach Santhanuthalapadu Police Station seeking police protection. It is also stated that the Tahsildar, Santhanuthalapadu Mandal had also not forwarded any representation.
Hence, the question of not extending the police protection to the petitioner does not arise.
08.06.2016 filed as material paper along with the writ petition does not bear the seal and signature of the Police Station. In the circumstances, the Writ Petition is dismissed giving liberty to the petitioner to take appropriate proceedings in accordance with law. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ A. RAMALI NGESWARA RAO, J Date: 23.01.2017 Nsr