Bellamkonda Srinivasa Rao v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.21135 of 2015 Between:

Bellamkonda Srinivasa Rao .. Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad and 4 others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 5.8.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.21135 of 2015

ORDER:

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

"to issue a writ of Mandamus or any other appropriate writ, order or direction, declaring the action of respondent Nos.2 to 4 in trying to dispossess the petitioner from the property bearing Door No.3-28-18/21, situated in 3/2, Brundavan Gardens, Guntur, Guntur District, at the instance of respondent No.5, during the pendency of the civil dispute between the petitioner and the 5th respondent in O.S.No.220 of 2015 on the file of the 1st Additional Junior Civil Judge, Guntur, by duly interfering in civil disputes, as illegal, arbitrary, unjust, and discriminatory and against the principles of natural justice and consequently direct the respondents not to dispossess the petitioner by interfering with his peaceful possession and enjoyment over the property bearing Door No.3-28-18/21, situated in 3/2, Brundavan Gardens, Guntur, Guntur District."

2. Heard Sri G.L.Nageswara Rao, learned counsel for the petitioner, and the learned Government Pleader for Home (Andhra Pradesh) appearing for respondent Nos.1 to 4 apart from perusing the material available before this Court.

3. When the matter is called today, written instructions, dated 03.08.2015, furnished by the Assistant Sub-Inspector of Police, Pattabhipuram Police Station, Guntur Urban, Guntur District have been placed on record by the learned Government Pleader. The said instructions read as under:

"It is respectfully submitted that one Rayapati Ramachandra Rao/5th respondent herein lodged his petition before the Superintendent of Police against one Bellamkonda Srinivasa Rao and the same was received through proper channel. Hence the respondent police called both the parties for preliminary enquiry purpose only, except that the respondent police never interfered into the petitioner's civil disputes, hence the allegations made against the respondent police are false and baseless."

On noticing the said written instructions, learned counsel for the petitioner has requested this Court to record the said instructions and close the writ petition.

4. In view of the aforesaid reason, the Writ Petition stands disposed of by recording the written instructions, dated 03.08.2015, furnished by the Assistant Sub-Inspector of Police, Pattabhipuram Police Station, Guntur Urban, Guntur District. There shall be no order as to costs.

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

____________________________ JUSTICE A.V.SESHA SAI Date: 5.8.2015 AMD THE HON'BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.21135 2015 DATE: 5.8.2015 AMD