lt4udavath Kavitha v. 1. The State of Telangana

5. Sri Rathlavath Ravi, S/o. Venkataiah, Aged about 32 years, Occ Business, Rl/o. Building Thanda Gram Panchayati, Hemajipur, Balanagar, [\rla ha boo bna ga r D istrict. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction, writ, more particularly Writ of [\/andamus declaring the action of the Respondents No.3 in not registering a criminal case against the Respondents No.4 and 5 in pursuant to the police complaint dated 23.01 .2025 as illegal, improper, unjust, arbitrary and contrary to law and consequently direct the Respondent No.3 to register a criminal case against the Respondents No.4 and 5. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir umstances stated in the affidavit filed in support of the petition, the High Cou r nay be pleased to direct the Respondent No.3 to register a criminal case ag?i [;t the Respondents No.4 & 5 pending disposal of the above Writ Petition Counsel for the Petitioner : M/s. K. KIRAN MAYEE Counsel forthe Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent Nos. 4 & 5 : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24 82of 2025 ORDER Hearcl learned counsel for the petitioner and learned Assistant Covcrnment Pleader for I Iome appearing for respondent Nos.1 to 3. With their consent, this writ petition is bcing taken up for disposal at the admission

2. 'Ihis writ petition is filed aggrieved by the action of the 3,a rcspondent in not registering a criminal case against the respondent Nos.4 and 5 in pursuant to the police complaint dated 23.01.2025 as illegal, improper, unjust, arbiLrary and contrary to law and consequently, seeking a direction to respondent No.3 to register a criminal case against the respondent Nos.4 and 5

3. Thc brief facts of thc case are that the petitioner claims to be the absolute owner anci p()ssessor of land admeasuring Ac.1-00 guntas in Sy.No.257 and 261 situated at Hemajipur Revenue Village, Balanagar, Mantlal, Nlahaboobnagar District and the respondent No.4 who is a ncigirbour lancl owner approachecl hirn ancl rcquested to purchase his agricultural land admcasuring Ac.0-03 guntas in Sy.No.261 situate,l at Hemajipur village, Balanagar Mandal, Mahaboobnagar District for a sale consideration of Rs.5,00,000/- and pursuant to the same, the petitioner and responderrt No.4 entered into agreenLcnt of sale dated 22.12.2021 an<I paid \- 2 total sale consideration of Rs.5,00,000/-, thereafter, t r,: respondent No.4 offerred to sell Ac.0-01 guntas in Sy.No.257 apart fr r r. Ac.0-03 guntas in Sy.No.261, as such thc petitioncr and respondent No.. -. ntcred into another agreement of sale datcd 77.02.2022 ancl agreed for a tot: I sale consicleration of Rs.6,40,000,i - anrl the petitioner paid the said amount. I is further submitted that respondent No.4 offerrecl to sell another Ac.0-02 luntas in Sy.No.257 apart from the land as agreed under agreement of sa r lated 17.02.2022 as such the sale consideration was enhanced to Rs.9,00,00 ) ' - and the same was paid by the petitioncr, thcreaftcr respondent No.4 havi I 1 executed sale cleed in favour of the pctitioncr in respect of Ac.0-02 gu I ;rs in Sy.No.257/u- aa/3/1/1,/1,/1/1/1/2 vide regisrered sale deed docurr :-tt No.1178 of 2024 dated 20.05.2024 rcfused to execute sale deed in respec r'remaining land in favour of petitioner, n hile the mattcr stood thus, l t, respondent No.5 trespassed into the subiect property, erected barbed fer < irrg wire around the subject property with a vicw to knock away the prol t : -y and deprive the legitimate rights of the petitioncr over the subject pr c rerty. It is further submitted that the rcspondcnt Nos.4 and 5 in collu,j rn with each other refused to exccute thc salc cleed, as such petitione. ,:onstrained to file complaint clated 23.01.2025 with rcspondcnt No.3 w t r a request to take necessary action against respondcnt Nos.4 and 5. Hort.t r er, respondent No.3 neither acknowledged the receipt of the said compla I t nor initiated anv action against the respondent Nos.4 and 5. Questioning t 13 same, the present writ petition is filed. J

4. Learned Assistant Govcrnment Pleader apPearing for Home has submitted the written instructions submitted by Station House Officer, Balanagar Police Statiory Mahaboobnagar District wherein it is submitted that <>n 73.02.2025, the petitioner came to police station and lodged a complaint stating that lhe Sri Ratl-rlvath Hari Chancler and Sri Rathlavath Ravi have erected compound wall through land of the complainant vide Sy.No.257. It is submitted tl-rat basecl on the above complaint, 3'd respondent made a G.D.cntry on the same day i.e., on 13.02.2025 and for the purpose of enquiry visited the scene of offcnce, caused enquiries about the allegations made in the cornplaint, examincd and recorded the statements of two witnesses and further adclrcssed a letter to thc Thahsildar, Balanagar Mandal seeking information regarding t[-re ownership particulars of the disputed land in which wall was erectecl by Sri Rathlvath Hari Chander and Sri Rathlavath Rai and the Thahsildar has not issued report and ownership certificate till now lt is further submittcr-{ that sincc the police cannot decide thc ownership of the disputcs land, and as no olvnership details have not been received from the concernecl Thahsildar, the 3'd rcspondent has closed the petitioner's complaint as 'civil in nature' on 25.02.2025 and after conducting cnquiry, a notice datecl

17.09.2025 to thc above effcct was also sent to thc pctitioner by registered post on 18.09.2025. Atong with the copy of instructions, notice scnt to the petitioner has been anncxcd and the same has been served to the learned counsel for the petitioner. -r 4

5. In that view of the aforesaid submissions c t lre Station House Officer, Balanagar Police Station, Mahaboobnagar I)istrict, since the complaint lodged by the petitioner was closed and tht rrbject matter of the said complairrt is civil in nature as per the enquirl. r rport of the Station House Officer, Balanagar police Station, Mahaboct ragar Distric! the petitioner is at liber[r to seek appropriate remedies as a railable under law. 6 With thcse observations, this writ petition is dispr _. :1of Miscellancous applications, if anv pending, sha I Jtand closed. No order as to costs To //TRUE COPY// Sd/. AHI/ ED ABDULLA KHAN ASI; SiTANT RE€ISTRAR SECTIEiii OFFICER

1. The Secretary, Home Department Dr.B.R.Ambed < r" Telangana Secretariat Building, The State of Telangana, Hyderab I I State

2. The Superintendent of Police, lvlahaboobnagar District,' olangana State 3. The Station House Officer, Balanagar, P.S., Nlahaboobr lgar District. 4. One CC to M/s. K. KIRAN IVAYEE, Advocate IOPUCI 5. Two CCs to GP for HOIVIE, High Court for the State of 6. Two CD Copies langana. [OUT] -', PVL/MP o HIGH COURT DATED:1810912025 ORDER WP.No.2482 of 2025 -f ii[:. , i{i;i. B o ( i -') ) ,L ?1 * Op S2r,r r t DISPOSING OF THE WRIT PETITION WITHOUT COSTS