HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28713 of 2013 Date:21.01.2014 Between:
Bandi Pitchi Reddy, S/o B.Venkatarami Reddy . Petitioner And:
The District Collector, Khammam and another.
. Respondents Counsel for the Petitioner: Sri M.M.M.Srinivas For Sri Kowturu Vinaya Kumar Counsel for the Respondents: AGP for Revenue The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to direct the respondents not to interfere with the petitioner’s possession of the land admeasuring Acs.4.20 guntas in Survey No.454/23/71/A o f Nagupally Revenue Village, Dammapeta Mandal, Khammam District.
The petitioner claims that he is in possession of the above-mentioned land; that in the year 1990, proceedings for his eviction were initiated, vide LTR Case No.11/90/DPT; and that by order, dated 17.04.1990, the Special Deputy Collector (TW), Palvancha, dismissed the said LTR Case by holding that the complainant, namely; Sri Banothu Ramkoti is a non-tribal and that at his instance, the petitioner cannot be evicted. As the petitioner apprehended threat of dispossession from respondent No.2, he has filed this Writ Petition.
Respondent No.2 filed a counter-affidavit, wherein he has admitted the averment relating to dismissal of said LTR Case on 17.04.1990. He has, however, submitted that the grand son of Cheekati Venkatiah made a representation that the land admeasuring Acs.3.00 in Survey No. 454/23/71 has been in possession of the petitioner based on fabricated documents and that in view of the law and order problem, proceedings under Section 145 Cr.P.C. were promulgated on 23.09.2013 in respect of Acs.7.00 guntas of land in Survey No.454/23/71/A.
From the above-noted averments in the counter- affidavit, it is evident that respondent No.2 has initiated proceedings under Section 145 Cr.P.C. before the petitioner filed the present Writ Petition. In view of the same, no Mandamus as sought by the petitioner can be granted. However, the petitioner is entitled to work out his remedies in law, if he feels aggrieved by the initiation of proceedings under Section 145 Cr.P.C.
Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.35651 of 2013 is dismissed as infructuous.
21st January, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY