A writ petition challenging the respondents' entry into the petitioner's property was dismissed. The court held that since civil and criminal cases between the parties were pending in other forums, the petitioner was given liberty to seek redressal through those appropriate forums.
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THE HON’BLE SMT . JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.786 of 2014
ORDER :
This writ petition is filed to declare the action of the respondent Nos. 2 and 3 in entering into the petitioner’s property D.No.8-183, presently Door No.23-105 and 106, R.S.No.98/2, 94/1 admeasuring Acs. 3-39 cents situated at Gollapudi Village and Mandal, Krishna District, registered in the name of M/s Panduranga Stoneware Pipes Company, Gollapudi, Vijayawada, without any legal authentication in collusion with respondent Nos. 4 to 7, as illegal and arbitrary.
The case of the petitioner is that the firm was registered in the year 1973 and it is doing the business of manufacturing and sales of pipes and since 1984, the said firm incurred losses and leased out to the respondent No. 5 by executing a lease deed dated 28.5.1998; after the completion of the lease, the petitioner demanded to vacate the premises, the respondent Nos. 4 to 6 vacated the same in June, 2013 and in September, 2013, some persons tried to trespass into the premises on the pretext that the respondent Nos. 4 to 6 sold an extent of 746 sq. yds., to them; the petitioner filed a complaint before the police and the same was not registered and the petitioner filed W.P.No.27219 of 2013 seeking a direction to the police to register a case and investigate into the issue. After filing the writ petition, the Station House Officer, I- Town, Vijayawada registered a case; the petitioner also filed O.S.No.704 of 2013 seeking permanent injunction restraining the respondent Nos. 4 to 7 and their men to interfere with their peaceful possession and enjoyment of the property.
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Admittedly, civil and criminal cases are filed by the petitioner against the unofficial respondents and writ petition was also filed in the year 2013. As the civil suit and criminal cases are pending before the various courts between the petitioner and the unofficial respondents, the petitioner is given liberty to work out his remedies for redressal of his grievance in the appropriate forum.
The writ petition is dismissed accordingly. No order as to costs.
Miscellaneous petitions pending if any, shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 14/12/2018 Slk
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THE HON’BLE SMT . JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.786 of 2014
Date: 14/12/2018
slk
2 issues framed by the court
Whether the writ petition challenging the respondents' entry into the petitioner's property without legal authentication deserves to be allowed in view of pending civil and criminal proceedings.
Whether the petitioner must be remanded for directing police registration while criminal complaints are still pending.
Petitioner
Respondent Nos. 2 and 3
Respondent Nos. 4 to 7
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
