Court dismissed a writ petition seeking declaration of illegal interference in property under Section 145 CrPC. Held that due to closure of proceedings, no cause survives.
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HONOURABLE SRI JUSTICE P. KESHAVA RAO
WRIT PETITION No.8759 of 2016
ORDER:
There is no representation on behalf of the petitioner.
The prayer sought in the writ petition is as under:
“… to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents Nos.3 to 5 in interfering in the petitioners property by violating the Court injunction orders in I.A.No.230 of 2015 in O.S.No.151 of 2015 passed by V ADJ, Bhongir and restraining the petitioner from maintaining the mango garden in Sy.No.210 to an extent of Ac.10.00 gts and also interfering the open agriculture land in Sy.No.202 to 212 and 190 an extent of Ac.11.07 gts situated at Chittapur Village, Valigonda Mandal, Nalgonda District is illegal, arbitrary, malafide and violative against the principles of natural justice and consequently direct respondent Nos.3 to 5 not to interfere in the petitioner’s property under the guise of u/s.145 of the Code of Criminal Procedure, 1973, bearing proceedings Lr.No.A/466/2014 dated 28.01.2014.”
Learned Government Pleader appearing for the 5th respondent brought to the notice of this Court that in view of closure of Section 145 Cr.P.C., proceedings the respondents are not interfering in the petitioner’s property by violating the Court injunction orders.
In that view of the matter, this Court is of the opinion that no further cause would survive in the writ petition. Not only in the light of the submissions made by the learned Government Pleader but also in view of the orders passed in W.P.No.9838 of 2014 dated 01.11.2019 nothing survives in the present writ petition and the same is liable to be dismissed.
Accordingly, the writ petition is dismissed. No costs.
Miscellaneous petitions, if any, shall also stand dismissed.
_____________________ P. KESHAVA RAO, J
Date: 01.11.2019. ES
1 provisions across 1 enactments
Petitioner
Respondents Nos. 3 to 5
P. KESHAVA RAO
As recorded by the court registry
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