Telangana High Court
WP/40082/2014 of S.L. CHINNA RAMANA GOUD AND 11 OTHERS Vs The Station House Officer Allagadda Rural on 30 December 2014
SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.40082 of 2014 ORDER: The petitioners are 12 in number alleged that the respondents 1 and 2 are directing the petitioners to close down the shops in view of the notices given to the petitioners under Section 7 of the A.P. Land Encroachment Act
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION No.40082 of 2014
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ORDER:
The petitioners are 12 in number alleged that therespondents 1 and 2 are directing the petitioners to close down theshops in view of the notices given to the petitioners under Section7 of the A.P. Land Encroachment Act and pending investigation inCrime No.172 of 2014 before the first respondent.
Petitioners claim is that they are in possession of therespective premises and as per the directions of this Court inW.P.No.9864 of 2014 and batch order, dated 30-10-2014 theTahsildar, Allagadda has issued notices to the petitioners underSection 7 of the Land Encroachment Act and the petitioners havealso filed their objections to the said notices and the saidproceedings are pending.
While so, the respondents 1 and 2 are stated to bethreatening the petitioners to close down the shops and allegingthat the said action of the police is not in accordance with dueprocess law, the present writ petition is filed.
Instructions received by the learned Government Pleaderfor Home shows that Crime No.170 of 2014 and 172 of 2014 arealready registered before Allagadda (R) Police Station againstsome of the petitioners and they are under investigation. It isfurther submitted that some of the petitioners also filed complaintsbased on which Crime Nos.169 and 171 of 2014 are alsoregistered and that all the said crimes are pending investigation.
While so, the allegations of the petitioners about theinterference by the police is denied including that there was anydirection by police requiring the petitioners to close the shops.
As per instructions, Revenue authorities issued noticedated 18-12-2014 under Section 7 of A.P. Land Encroachment Act.They have also asked police for Bandobasth and in view of thatrespondent Nos.1 and 2 stated to have visited site for Bandobasthduty. However, respondents 1 and 2 stated that they have neverinterfered with the dispute between the petitioners and revenueofficials and the allegations of the petitioners that there is anydirection for Police to close their shops is incorrect. In view of thesame, it is apparent that police have come only to Bandobasthduty and to maintain law and order and to investigate the crimesaforesaid. Therefore, the petitioners’ allegations are un-substantiated.
Hence, the writ petition is disposed of. There shall be noorder as to costs. Miscellaneous Petitions pending, if any, in thiswrit petition shall stand closed.
December 30, 2014PN
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VILAS V. AFZULPURKAR, J
HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
Pn
WRIT PETITION No.40082 of 2014
December 30, 2014