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2023 DIGILAW 218 (TS)

Kammili Surya Narayana Raju v. State of Telangana

2023-03-13

B.VIJAYSEN REDDY

body2023
ORDER : This writ petition is filed seeking to declare the action of the respondents, particularly respondent No.4, in interfering with the possession and enjoyment of the petitioner over his lands admeasuring Ac.1.20 guntas in Survey No.248, Ac.0.26 guntas in Survey No.249/2 and Acs.2.34 guntas in Survey No.253/A/2, totally admeasuring Acs.5.00, situated in Achyuthapuram Village, Aswaraopeta Mandal, Badradri Kothagudem District, as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4. 3. Learned Assistant Government Pleader for Home, on written instructions received from respondent No.4, submitted that a complaint was received from respondent No.6 stating that the petitioner herein is his maternal uncle; the subject land admeasuring Acs.5.00 was inherited by the mother of respondent No.6 i.e., respondent No.5 herein, from his grandmother and possession of the land was handed over to them through Ancestral Property Partition Deed, dated 15.05.2014, by both the maternal uncles of the respondent No.6, including the petitioner herein, in favour of his father and they also obtained the digital passbook and cultivated the said land for few years; thereafter, they migrated to another village and from thereafter, the petitioner herein is taking care of the said land along with his hand; but, the petitioner herein is not having possession over the land and threatening them with dire consequences and requested to take necessary action as per law. It is further stated that on the complaint lodged by respondent No.6, an entry was made in the General Diary and during enquiry, it is revealed that the petitioner herein filed a civil suit in O.S.No.528 of 2021 on the file of the Sub Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam, and obtained temporary injunction in I.A.No.547 of 2021. Challenging the said order, the respondent Nos.5 and 6 filed C.R.P.No.1574 of 2021 before this Court. This Court, by order dated 22.10.2021, granted interim stay of all further proceedings, pursuant to the order passed in I.A.No.547 of 2021, in O.S.No.528 of 2021. As civil disputes are pending between the parties and the matter is sub judice before this Court, the complaint filed by respondent No.6 was closed as ‘civil in nature’. Learned Assistant Government Pleader further submitted that the petitioner was called to the police station for the purpose of enquiry in the complaint lodged by respondent No.6. 4. As civil disputes are pending between the parties and the matter is sub judice before this Court, the complaint filed by respondent No.6 was closed as ‘civil in nature’. Learned Assistant Government Pleader further submitted that the petitioner was called to the police station for the purpose of enquiry in the complaint lodged by respondent No.6. 4. In view of the categorical statements made in the written instructions and in view of the closure of the complaint lodged by respondent No.6, no further orders are required to be passed in this writ petition and the writ petition is accordingly closed. If the petitioner has got any grievance at later point of time, he is at liberty to seek modification of the order passed by this Court. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.