Vallabhaneni Satyanarayana, v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE SIXTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 31008 OF 2015 Between:

Vallabhaneni Satyanarayana ... Petitioner Vs.

The State of Andhra Pradesh Rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad & Ors. ... Respondents

Counsel for the Petitioner: Sri Davu;iro Narasimha Rao Counsel for the Respondents: GP for Home [AP] The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 31008 OF 2015 O R D E R :

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

"To declare the action of the official respondents in not taking action on the complaint filed by the petitioner on 11/8/2015 and failed to give protection to the petitioner and their properties covered in survey No.877/1 to an extent of Acs:7-02 cents of Muppinavarigudem, Buttaigudem Revenue village and Mandal, West Godavari district in spite of repeated requests and representations to the officials, as illegal, arbitrary and violative of Article 14, 15, 21 and 300-A of the Constitution of India and for consequential direction to the official respondents to take action and to provide police protection to the petitioner and their property and to pass such other suitable orders as

this court may deems fit and proper in the circumstances of the case.

2. Heard Sri Davuluri Narasimha Rao, learned counsel for the petitioner and the learned Government Pleader for Home for the respondents 1 to 4.

3. When the matter is called, written instructions dated 01/10/2015 furnished by the Sub-Inspector of Police, Buttaigudem Police Station, West Godavari district have been placed on record by the learned Government Pleader for Home for the respondents.

3. The written instructions, reads as under:

"It is respectfully submitted that one Vallabhaneni Satyanarayana the petitioner herein lodged complaint with the respondent police against Banne Venkataswamy the sixth respondent herein and others stating that they entered into their lands illegally and started ploughing the lands, when the petitioner questioned them, they started abusing them by using filthy language and threatened to kill. HKence requested to take necessary action. Basing on the complaint, the respondent police registered a case in Cr.No.92/2015 under section 447, 427, 506 r/w 34 IPC of Buttaigudem Police Station and the investigation officer took up the investigation. During the course of investigation the respondent police made a requisition to the Mandal Revenue Officer, Buttaigudem to furnish the ownership of the above said disputed land.

Hence, the RDO Jangareddygudem issued in his report stating that the above said land belongs to the petitioner. The respondent police is not a competent authority to provide protection to the above said disputed land. If the petitioner got any orders from the concerned authority for protection, the respondent police will ready to give as per law.

Now the investigation is going on, after completion of the investigation, the respondent police will file charge sheet as early as possible before the Hon'ble competent court.

The respondent police will abide by the directions if any passed by this Hon'ble court."

4. On noticing the same, the learned counsel for the petitioner has requested this court to dispose of the writ petition by recording the said written instructions.

54 5. In view of the above, the writ petition is closed by recording the above written instructions dated 01/102015 furnished by the Sub-Inspector of Police, Buttaigudem Police Station, West Godavari district. No costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE A.V.SESHA SAI

06/10/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION NO. 31008 OF 2015 Date:06/10/2015

Circulation No.

Court Master: I s L