S SARAVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed with the short grievance that representation dated 22.10.2013 made by the petitioner to respondent Nos.2 to 4 is not being considered.

(2.) IT is the pleaded case of the petitioner that he is one of the legal heirs of one Sukka Swamy, original protected tenant in respect of the lands in survey Nos.69, 70, 70/1, 71/2 and 75 of Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, and that as respondent No.3 refused to grant the petitioner and other legal heirs, succession certificates under Section 40 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Tenancy Act'), they filed an appeal before the Joint Collector, Ranga Reddy District, under Section 90 of the Tenancy Act, and that the said appeal was dismissed, questioning which the petitioner's brother and others filed W.P.No.2486 of 2013, which is pending before this Court. It is further stated that in the said writ petition, this Court has recorded the statement of the petitioners and the private respondents therein that they will maintain status quo. The petitioner further alleged that thereafter a group of four persons, who were Policemen, entered his land and abused him and others in filthy language and that when the petitioner approached the Station House Officer, Hayathnagar Police Station for his intervention, no action has been taken. The petitioner allegedly made the aforementioned representation to respondent No.4 with copies marked to respondent Nos.2 and 3 to intervene under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short 'the SC and ST Act'), but to no avail.

(3.) UNDER Section 17 of the SC and ST Act, a district Magistrate or a Sub -divisional Magistrate or any other Executive Magistrate or any Police Officer not below the rank of a Deputy Superintendent of Police may on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion that there are sufficient grounds for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquility and may take preventive action.