Writ petition alleging high-handed acts by Ongole town police over a house dispute. Government Pleader reported police advised parties to approach the Civil Court where a suit was pending. Petitioner did not appear; the High Court closed the writ petition without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 37456 OF 2015
Between:
Shaik Kothapatnam Jilani, S/o Khasim Saheb, abed about 47 years, Muslim, Business, Rio East Gangavaram village, Thallur Mitadal, Prakasham District.
...Petitioner.
AND
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more one in nature of Writ of Mandamus directing the respondents here in to stop their illegal and high handed acts of the 2^^ respondent/police station against petitioner and his liberty.
Counsel for the Petitioner : SRI. BALALAKSHMI REDDY EDARA Counsel for the Respondents : GP FOR HOME
The Court made the following:
' - >-
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO; 37456 OF 2015
Between:
...PETITIONER(S)
AND
RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue a Writ, order or direction moreoneinnatureofWritof Mandamus directing the respondents here in to stoptheirillegalandhigh handed acts of the 2nd respondent/police station againstpetitionerandhis liberty
Counsel for the Petitioner(s):SRI. BALALAKSHMI REDDYEDARA
Counsel for the Respondents: GP FOR HOME (AP)
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The Court made the following order:
None appeared for the petitioner.
" It is respectfully submitted that one Shaik Nagur Valley Hussin / father in law of the petitioner lodged a complaint with the respondent police against one Shaik Kothapathan Jilani / the petitionerherein stating that Shaik Nagur Valley Hussin performed his daughter's marriage with Shaik Kothapathan Jilani / the petitioner herein, and got registered a house to her name. They blessed with two children.
It is submitted that the above said petitioner/ Jilani got second marriage by leaving his first wife to her parent's house. The daughter of the Shaik Nagur Valley Hussin died on the eve ofSrirameNavami in 2015. Hence the above said house was registered to his wife's name for which house disputes arises between them. The petitionerherein made quarreled with the tenants of the above said house, hence this complaint. “
- Learned Assistant Government Pleader, on instructions, would submit that basing on the complaint, the respondent police made preliminary enquiry and it reveals that a case is also pending before the learned Civil Court vide 228/2015 Junior Civil Judge Court, Darsi which was filed by the petitioner. Hence, the respondent police called both the parties and advised them to approach concerned appropriate Court while the matter is pending before the Hon'ble Civil Court. ■V...
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Therefore, nothing survives in the present writ petition and the same may be closed.
- Recording the submissions made by learned Assistant Government
Pleader, this Writ Petition is closed. No costs.
Consequently, miscellaneous petitions, if any, pendingshallstandclosed.
//TRUE COPY//
SD/- U. SRIDEVI ASSISTANT REGISTRAR SEC^temjFFICER
To,
KSR
4
HIGH COURT
DATED:27/02/2024
ORDER
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0 6 AUG 20211 "'$)
^ . Current Section
WP.No.37456of2015
CLOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the writ petition seeking a mandamus to stop alleged illegal police acts against the petitioner survived when no one appeared for him and the dispute was already before the Civil Court.
1 provisions across 1 enactments
Shaik Kothapatnam Jilani
The Superintendent of Police, Prakasham District, at Ongole
The Sub-Inspector of Police, One Town PS, Ongole, Prakasham District
State of Andhra Pradesh, rep. by Principal Secretary, Home Department
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
