Hyder Hussain v. The State Of Ap

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.33916 OF 2016 ORDER:

The writ petition is filed questioning the action of the respondents 2 and 3 in not responding to the representation dated 23.09.2016 and also not handing over the keys to the petitioners by obtaining them from the 4th respondent pursuant to the orders in C.M.A.No.27 of 2015 on the file of the IX Additional District Judge, Chittoor. It is the case of the petitioners that under the guise of the injunction order dated 28.04.2015 passed by the Senior Civil Judge, Chittoor in I.A.No.251 of 2014 in O.S.No.190 of 2014, the keys were under the custody of the respondents.

Learned Government Pleader for Home on instructions submits that the allegations made in para No.3 of the writ affidavit are not correct and the police at no point of time had the necessity of visiting the Chavadi and they are also not aware in whose custody the keys are. In the light of the stand taken by respondent police that they do not have the keys and never in possession of the keys, liberty is given to the petitioners to approach the Court below by filing an application in O.S.No.190 of 2014 and seek appropriate orders by placing reliance on the orders obtained in their favour in the Courts. However, it is made clear that as and when such application is filed by the petitioners, the Court below shall consider and pass appropriate orders as expeditiously as possible.

Subject to the above, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM Dated:30.08.2017 Gk