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High Court for State of TelanganaWP/11824/2015disposed of no costs

Rajamgari Penchalaiah v. The State Of Andhra Pradesh Rep.By Its

2015-04-29Vilas V.Afzulpurkar4 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11824 OF 2015 Date:29.04.2015 Between:

Rajamgari Penchalaiah and others .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, A.P. Secretariat, Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11824 OF 2015 ORDER:

Heard.

The primary grievance of the petitioners is that the official respondents, who are Revenue Authorities, as well as the Police Authorities, are unlawfully interfering with their civil rights and agricultural lands admeasuring Ac.1.42 cents in Survey Nos.568 and 506/1 situated at Velagacherla Village, Penagalur Mandal, Y.S.R. Kadapa District.

The instructions received by learned Government Pleader for Home from respondent No.4, however, show that three complaints were received against the petitioners and the complainants were Village Revenue Officer, Velagacherla as well as the Police Constable, who is respondent No.4; based on the said complaints, Crime Nos.15 and 118 of 2015 are registered against the petitioners; while investigation in Crime No.15 of 2015 is pending, in Crime No.118 of 2015 investigation is completed and charge sheet was filed and it is now subject matter of C.C.No.78 of 2015 before the Judicial Magistrate of First Class, Nanduluru. The instructions further show that a complaint was also received from the Village Revenue Officer, based on which Crime No.

119 of 2014 was registered against the petitioners and in that case also investigation was completed and charge sheet was filed and it is now pending trial in C.C.No.55 of 2015 before the Judicial Magistrate of First Class, Nanduluru. So far as the allegation of interference with the subject lands of the petitioners is concerned, it is specifically stated that respondent Police never interfered with the lands of the petitioners at any point of time as alleged by the petitioners herein and that the present Writ Petition is filed on mere apprehension.

So far as the Revenue Authorities are concerned, physical interference by the Revenue Authorities is not established and even otherwise, the allegations are primarily on respondents 3 and 4. Since respondent No.4 specifically states as recorded above and as there is no interference by Police with regard to the lands of the petitioners, recording the same, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V. AFZULPURKAR, J 29.04.2015 KH