Telangana High Court
WP/38820/2014 of Periketi Padma, Vs The State Of Andhra Pradesh, on 30 December 2014
COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE THIRTEITH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 38820 of 2014 BETWEEN Periketi
IN THE HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH(Special Original Jurisdiction)
TUESDAY, THE THIRTEITH DAY OF DECEMBERTWO THOUSAND AND FOURTEEN
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No. 38820 of 2014
BETWEEN
Periketi Padma and another
AND
... PETITIONERS
The State of Andhra Pradesh, Rep. by its Principal Secretary (Department ofHome), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS
The Court made the following:
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ORDER:
Heard.
2. Petitioners, who are wife and husband respectively, allege thatpetitioner No.1 purchased 100 square yards in D.No.275, Saraswati Nagar,Amaravathi Road, Nagaralu Area, Guntur, and thereafter, petitioner No.2also purchased another 100 square yards in the same survey number. It isalso alleged that one T.Venkata Satyanarayana purchased another extentand like that there were several purchasers of different plots adjacent.Petitioners allege that while they started construction on the said plots,respondent No.5 claiming ownership on the said plots and alleging that he is in possession for 35 years obstructed petitioners from construction. It isfurther alleged that respondent Nos.4 and 5 are harassing them and puttingthem under immense pressure and, therefore, respondent No.4 is callingthem to the police station repeatedly and harassing them. Petitioners alsoclaim that a representation was given to respondent No.2 on 25.06.2014 toenquire into the matter and protect the petitioners from high handed actionsof respondent Nos.4 and 5. Hence, the present writ petition is filed alleginginaction.
3. Instructions received by the learned Government Pleader fromrespondent No.4 was that respondent No.5 lodged a complaint, dated04.09.2013, alleging that the petitioners have trespassed, forged andfabricated documents regarding plot Nos.73 and 74 and based on thecomplaint, crime No.502/13 was registered on 04.09.2013 against thepetitioners, who are arrayed as A4 and A5. While the investigation in the saidcase is pending, petitioners are stated to be absconding and are not co-operating with the investigating officer. Petitioners’ allegation that there wasany harassment is denied by stating that petitioners are both absconding andin fact the investigating officer requires to record their statements in order tocomplete the investigation in the aforesaid crime. Hence, there is no questionof respondent No.4 interfering or obstructing the petitioners, as alleged.
4. Evidently, petitioners are accused in a crime, referred to above, andallegedly they are not co-operating with the investigating officer. Sincerespondent No.4 himself states that they are absconding and are not traced,petitioners’ allegation of any harassment or threat to them by respondentNo.4, particularly in obstructing the construction activity etc., is clearly notsubstantiated. Respondent No.4, however, has to confine himself to theinvestigation of the crime and take appropriate steps in that regard. This writpetition is clearly misconceived and the allegations of the petitioners are alsonot substantiated.
Writ petition is, accordingly, dismissed. As a sequel, themiscellaneous applications, if any, shall stand closed. There shall be noorder as to costs.
December 30, 2014LMV
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VILAS V. AFZULPURKAR, J