Madugula Laxmi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.33490 of 2018 ORDER:

When the matter is taken up, written instructions dated 25.09.2018 furnished by the Sub-Inspector of Police, CCC Naspur Police Station, Mancherial District are placed on record by the learned Government Pleader for Home.

To the extent of their relevancy to the present writ petition, the said instructions read as under:

"The Executive Engineer (R & B), Mancherial has submitted a petition dated 5.9.2018 stating that the District Collector, Mancherial handed over the land in Sy.No.42 of Naspur Shivar vide proceedings of the Collector, Mancherial District dated 12.1.2018 for construction of the integrated District Officer Building (IDOC) and during the process of the construction the persons named in the petition (including the writ petitioner herein) formed into an unlawful assembly, illegally trespassed into the construction site in Sy.No.42 and erected tents with an intention to encroach the valuable land and hence requested the police to take necessary action as per law.

Basing on the said complaint, a case in Cr.No.150/2018 U/secs.143, 447 r/w 149 IPC dated 5.9.2018 was registered on the file of CCC Naspur Police Station, Mancherial District and taken up the investigation into the case.

The investigation is at the initial stage. The petitioner herein is shown as accused in the FIR along with others. Necessary steps will be taken against the accused including the petitioner herein depending upon the evidence adduced during the course of investigation into the case. It is humbly submitted that if the petitioner makes the Executive Engineer (R & B), Mancherial as party respondent to this writ petition, the real facts would have come to light. Suppression the real facts, the petitioner filed the present writ petition.

I humbly submit that the allegation of the petitioner that on the instigation of the Tahsildar, this respondent on 26.7.2018 interfered with her possession and tried to dispossess her is false and hence denied.

It is submitted that this respondent never interfered with the subject lands of the petitioner herein or never tried to dispossess her as this respondent is not the competent authority to do so."

On noticing the above instructions, a request is made by the learned counsel for petitioner to place the said instructions on record and dispose of the writ petition.

Accordingly, the writ petition is disposed of by placing on record the written instructions dated 25.09.2018 furnished by the Sub-Inspector of Police, CCC Naspur Police Station, Mancherial District. There shall be no order as to costs. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :22.10.2018 dv