KODAMASIMHAM PADMAJA Vs. PRINCIPAL SECRETARY, HOME DEPT.

JUDGEMENT

(1.) In view of commonality of the issue involved in both the Writ Petitions and at the request of both the counsel, both the Writ Petitions are being taken up for disposal together by way of this common order.

(2.) Writ Petition No.7556 of 2015 has been filed seeking to declare the action of respondents 3 to 5 therein in harassing the petitioners therein by invoking the provisions of the Immoral Traffic (Prevention) Act, 1956 (for short, 'the Act, 1956') and the consequent impugned Notice in R.C. A/701/2014, dtd. 18/3/2015 issued by the Tahsildar, Vijayawada Urban, served on the petitioners on 19/3/2015 at about 4.15 PM, allegedly under Sec. 18 of the Act, 1956, without following the procedure contemplated under Sec. 18 of the Act, 1956 thereby infringing the rights guaranteed to the petitioners under Article 19 (1) (g) of the Constitution of India during pendency of investigation in crime No.249 of 2014 registered by 3rd respondent therein and pending before the I Metropolitan Magistrate, Vijayawada as illegal and arbitrary, and consequently direct respondents 3 to 5 therein not to act upon the impugned notice issued by 5th respondent-Tahsildar, Vijayawada Urban, till competent criminal court decides the matter.

(3.) Writ Petition No.12340 of 2015 has been filed seeking to declare action of 2nd respondent-Sub Collector in issuing proceedings under Sec. 18 of the Act, 1956 in R.C. A1/1150/2014, dtd. 10/3/2015 giving observations with regard to title of the property in favour of 5th respondent therein, contrary to the categorical findings given in O.S.No.29 of 2006, dtd. 5/9/2012 on the file of the VII Additional District Judge (Fast Track Court), Vijayawada and directing 3rd respondent thereinTahsildar to hand over possession of the property bearing D.No.27/36/12, Baireddy Ramanna Street, Governorpet, Vijayawada in favour of 5th respondent therein while directing to get tenants of the petitioner evicted from the premises in question, as illegal and arbitrary and consequently set aside the proceedings of 2nd respondent-Sub Collector to the extent it goes against the interest of the petitioner therein.