HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25906 OF 2008 DATED 17th December, 2014.
BETWEEN Kammari Baliah ….Petitioners And The Government of Andhra Pradesh, rep. by its Prl.Secretary, Home Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25906 OF 2008
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner filed O.S.No.78 of 2007 before the Court of the learned Principal Junior Civil Judge, Kama Reddy, Nizamabad District seeking permanent injunction in respect of the property to the extents of Ac.0.38 guntas in Sy.No.1218/7 ‘ ‘ and Ac.0.38 in Sy.No.1218/7 ‘ ‘ of Adloor Yellareddy village of Sadashivanagar Mandal, Nizamabad District and obtained an order of status quo on 11.07.2007 in I.A.No. 348 of 2007. It is the case of the petitioner that the maize crop raised by him was taken away by the defendants in the said suit with the assistance of the S.I. of Sadashivanagar Police Station. On 7.8.2008 he filed a petition before the Superintendent of Police, Nizamabad seeking an enquiry into the matter and to direct the Sub Inspector of Police not to harass him. When no action was taken on the said petition, he filed another petition on 13.10.2008. Despite the same, no action was taken. Hence he filed the present Writ Petition.
This Court by order dated 27.11.2008 directed the respondents to consider the complaint filed by the petitioner and take appropriate action as per law and also not to harass him by calling him to police station without following the due process of law.
The respondents filed a counter affidavit admitting that the petitioner filed a petition before the Superintendent of Police, Nizamabad on 7.8.2008 with regard to the total extent of land Ac.1.36 guntas and on receipt of the said petition, the Superintendent of Police endorsed the same and forwarded to the Sub Inspector of Police, Sadashivanagar Police Station for taking necessary action. Immediately the Sub Inspector of Police conducted a detailed enquiry and submitted a report to the Superintendent of Police, Nizamabad district on 7.8.2008. It is further stated that the enquiry reveals that the person named in the representation purchased the land of the petitioner from one Mr. Kammari Balaiah in the year 1994. it is further stated that the dispute in between the petitioner and the person named in the representation is purely civil in nature and in view of the same, the fourth respondent advised both the parties to settle the matter in the civil Court.
The learned Counsel for the petitioner submits that in spite of specific allegation made in the complaint against the then SI of Police, no action was taken by the Superintendent of Police, Nizamabad District. However, he submits that the petitioner filed an application in the pending suit instituted by him with regard to the crop raised by him.
Having regard to the peculiar facts and circumstances of the case, this Writ Petition is disposed of giving liberty to the petitioner to pursue the application filed by him in the pending suit. He is also at liberty to file a private complaint under Section 200 Cr.P.C., if so advised, against the officials who alleged to have abetted any offence against the defendants in the suit.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17th December, 2014. Msnrx