S. Ghouse Peera v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.V.SESHA SAI Writ Petition No.40699 of 2018 ORDER:- When the matter is taken up, written instructions, dated 11.12.2018, furnished by the S.I. of Police, Vajrakaruru P.S., Ananthapuramu District, are placed on record by the learned Government Pleader. The said instructions read as under:- "It is submitted that the Writ Petitioner made a complaint to the Superintendent of Police, Ananthapuram District, against the 4th respondent Mahboob Subhan and requested to take legal action to vacate the Darga premises. The said complaint was received in the Station, Vajrakaruru P.S., on 28.07.2018. Thereafter, the Sub-Inspector of Police Vajrakaruru P.S., enquired with the village elders. The Sub-Inspector of Police called the writ petitioner and the 4th respondent to the Darga premises and enquired the same and recorded their statements. The Village Revenue Officer also appeared for the enquiry and he made a statement before the Sub-Inspector of Police, Vajrakaruru P.S.

It is submitted that the contents of the complaint made by the writ petitioner and the statements recorded during the course of enquiry, reveals that it is a purely civil in nature and directed the writ petitioner to approach Civil Court for redressal. The writ petitioner convinced and made a statement in writing that he will approach the Civil Court. It is submitted that the village elders also agreed for the same.

The writ petitioner has not approached the Hon'ble High Court with clean hands. Hence, the Writ Petition is devoid of merits and liable to be dismissed." A copy of the statement said to have been given and signed by the petitioner is also enclosed to the said instructions.

Therefore, leaving it open for the petitioner herein to approach the appropriate forum of law, the Writ Petition stands disposed of. As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed. No order as to costs.

_________________ A.V.Sesha Sai, J 13th November, 2018 Smr