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2020 DIGILAW 654 (TS)

Marmam Ramaiah v. State Of Telangana

2020-09-01

T.VINOD KUMAR

body2020
JUDGMENT T Vinod Kumar, J. - The present writ petition is filed for issue of a Writ of Mandamus to declare the action of respondents 3 and 4 in repeatedly insisting the petitioners to appear before the said authority to settle the terms with respondents 5 to 7, as illegal, irregular, irrational, without any authority of law and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the respondents not to interfere in any manner with the petitioners' possession over their agricultural lands situated in Survey Nos.64, 62/1, 62/2, 63, 67/2 and 67/1 of Singavaram Village Dummugudem Mandal, Bhadradri Kothagudem District. 2. The present writ petition is taken up for hearing today, i.e. 01.09.2020, through Video Conferencing. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents 1 to 4. 4. Learned counsel for the petitioners reiterates the writ averments and submits that the appeal filed by the petitioners under the Scheduled Area Land Transfer Regulation 1959 as amended by Act 1 of 1970 is pending consideration before the Sub-Collector/Special Deputy Collector (Tribal Welfare) and while the said appeal is pending consideration before the said authority, the respondent police are interfering with the possession of the petitioners over the subject lands at the behest of respondents 5 to 7, which the said authority has no jurisdiction. 5. Learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, written instructions dated 26.08.2020 under the signature of the Sub-Inspector of Police, Dummugudem Police Station, Bhadradri Kothagudem District. By the said written instructions, it is stated that the 5th respondent in the present writ petition lodged a complaint with the 4th respondent authority, on the basis of which, the said authority has registered a case vide Crime No.90 of 2020 on 04.08.2020 against the petitioners under Sections 447 and 427 read with Section 34 IPC and took up investigation into the case. It is also stated that the investigation is pending for want of examination of witnesses and to collect material evidence to elicit the complicity of the accused named in the FIR. It is also stated that except investigating into the above crime registered, the respondent authorities never interfered in the civil disputes of the petitioners. 6. It is also stated that the investigation is pending for want of examination of witnesses and to collect material evidence to elicit the complicity of the accused named in the FIR. It is also stated that except investigating into the above crime registered, the respondent authorities never interfered in the civil disputes of the petitioners. 6. Having regard to the categorical statement made on behalf of respondent authorities that except registering and causing investigation into the above crime and that the respondent authorities are not interfering in the civil disputes of the petitioners, no further orders need be passed in the present writ petition, except observing that the respondent authorities shall conduct investigation into the crime registered strictly in accordance with law. 7. Subject to the above, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.