The High Court · 2025

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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.4 and 5 in non-considering the representation of the Petitioner dated 26.06.2023 and non-initiating to register FIR against the respondents No.6 & 7 who are attacking on the Disabled Petitioner by trespassing into the land of the Petitioner Ac.l .00 Gts, in Survey No.176/1 '19 (old Survey No.176) which is situated at Rudrangi Village and Mandal, Rajanna Siricilla District during the lnjunction Order in l.A.No. 1't of 2024 in 0.S.No.10 of 2024 on the file of Hon ble Junior Civil Judge Court at Vemulawada and not restraining the illegal activities of the Respondent Nos. 6 and 7 is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the I Respondent Nos.4 and 5 to consider the representation of the Petitioner dated 26.06.2023 and to register FIR against the respondents No 6 and 7 who are attacking on the Disabled Petitioner by trespassing into the land of the Petitioner Ac.1.00 Gts, in survey No.176/1 '19 (old Survey No.176) which is situated at Rudrangi Village and l\landal, Rajanna siricitla District during the lnjunction order in l.A.No. 11 0f 2024 in o S.No.10 0f 2024 0n the file of Hon ble Junior civil Judge Court at Vemulawada. IA NO: 'l OF 2025 Petition under section 15'l cPC praying that in the circumstances stated in the affidavit filed in supoort of the petition, the High Court may be pleased to direct the Respondent Nos.4 and 5 to consider the representation of the Petitioner dated 26.06.2023 and to register FIR against the respondents No.6 and 7 who are attacking on the Disabled Petitioner by trespassing into the land of the Petitioner Ac.1.00 Gts, in survey No.176il 19 (old survey No.176) which is situated at Rudrangi Village and Mandal, Rajanna siricilla District during the ln.iunction order in t.A.No. ,11 of 2024 in 0.s.No.10 ot 2024 on the file of Hon'ble Junior civil Judge Court at Vemulawada and pending disposal of the Writ Petition Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respcndents Nos.1 TO 5: GP FOR HOME Counsel for the Respc ndents Nos.6 & 7: -' The Court made the following: ORDER I HONOURABLE SRI IUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2835 OF 2025 ORDER: This writ petition is fited by the petitioner seeking the following relief: -.to " ...t0 issue an order or direction more particularly one in the nature of Writ of Mandamus declaing the action of the Respondent Nos'4 and 5 in non-cinsideing the representation of the Petitioner dated 26'06'2023 and register FIR against the respondents No'| and 7 ulo are non-initiating ottacking oi the iisabted Petitioner by trespassing into the land of the Petitionir Ac.7-00 Gts, in Suruey No.176fl79 (old Sun:ey No'776) which is situated at Rurlrangi Village and Mandal Rajanna Siricilla District during the lnjunction Order in t.A.No.11 of 2024 in O.S.No-10 of 2024 on the fle of ion'ble lunior Cit:il ludge Court at Vemulawada and not restraining the illegol, actit:ities of the Responient Nos.6 and 7 is illegal, arbitrary, unconstitutiond and aiolation of Ariicles L4, 15, 21 and 300'A of Constitution of Inrlia and also 'Principles of Natural lustice and consequently direcl the aiolation of Respondeni Nos.4 and 5 to consider the represettatiotr of the Petitioner tlated 26.b6.2023 and to register FIR against the respondents No 6 and 7 utln are attacking on the Disabled Petitioner by trespassing into the land of tlrc Petitionir Ac.7-00 Gts in Suraey No.176/119 (old Sun:ey No'176) uhich is sitttated at Rudrangi Village and Mandal, Rajanna Siricilla District during tht Injunction Order in I.A.No.11 of 2024 in O.S.No'10 of 2024 on the ltle of H'on'ble lunior Ciail Jutlge Court at Vemulawada and pass "

2. It is stated that the petitioner is the owner and Posscssor of the land admeasuring Ac.1-00 Gts in Survey No.176/119 (old Survey No.176), situated at Rudrangi Village and Mandal, Rajanna Siricilla District. The case of the Petitioner is that he is a landless Poor Person with 90% disability and taking advantage of the same, respondents No.6 and 7 are making efforts to dispossess him and trying to grab the subject land. Pursuant thereto, the petitioner instituted a suit in 2 O.S. No.10 of 2024 on the file of the learned ]unior Civil Judge, Vemulawada (ior short 'trial Court') seeking injunction restraining the respondcnts No.6 and 7 from interfering with his peaceful possession over the subject land and ad-interim temPorary injunction order dated 29 01 .2024 in I.A. No.11 of 2024 in O.S. No.1t) of 2024 was granted in favour of the petitioner

3. The grievance of the petitioner is that even after gtanting of the injunction orcl-.r dated 29.01.2024, respondents No.6 and 7 are trying to trespass intrr the subject land of the petitioner and making efforts to forcibly dispossess him from the subject land. It is stated that stating the said facts, the petitioner filed representation dated

07.06.2024 r'vith respondents No.3 to 5. Though the said complaint revealed cognizable offence, respondents No.3 to 5 have not registered any c:rse in accordance with the law laid down in by the Hon'ble Suprr:mc Court in Lalitha Kumari v. Government of U.P1 and have not initiated any action, as such, the petitioner was constrained tc filc this writ petition. ' AIR 2012 sc 151; 3

4. Learned Assistant Government Pleader for Home has stated that the petitioner instituted suit in O.S. No'10 of 2024 before the trial Court n'ith the same set of allegations as stated by him in the complaint dated 07.06.2024 and in the said suit, injunction order d,ated 29.01..2024 in I.A. No.11 of 2024 was granted in his favour against respondents No.6 and 7. It is further stated that if respondents No.6 and 7 have violated and disobeyed the iniunction order in any manner, the petitioner always has a right to file a application under Order XXXIX Rule 2(a) of the Code of Civil Procedure (C.P.C.) before the comPetent civil Court or file an application seeking Police aid. The petitioner, instead of availing such remedies, filed the said complaint' As such, the complaint of the petitioner dated 07.06.2024 was closed as civil in nature'

5. In view of the above, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioner to take appropriate steps if there is any violation of the injunction order dated 29.01.2024 in I.A. No.11 of 2024 in O'S' No'10 of 2024 by respondents No.6 and 7 in any manner' s-l- 4

6. With the said observation, this writ petition is disposed of. There shall be n,r order as to costs. As a seque I thercto, miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPYII SD/.A. SRIN ASSISTAN IVASA REDDY T REGISTRAR 2 1 . The princi Hvd The E:CTION OFFTCER pal Secreta ry, Home Department , Secretariat Building, Secretariat, erabad, State of Tel Director Gene ral of angana. Police, Telangana, Hyderabad. The Superintendent of Police, Rajanna Siricilla Rajanna Si ricilla Di The De puty Superi ntendent of Police, Vemulawada Divisio n Rajanna Siricilla District. The Station H ouse Officer Rudran Police Station Rajanna Sirici lla District One CC to S RI RAPOLU BHASKA Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad lourl Two CD Cop res Advocate loP UC strict R, To 4

5. 6. 7.

8. PSK. GJP HIGH COURT DATED:03102112025 ORDER WP.No.2835 of 2025 oa IHE srq '(. 2 0 {.EB zffi /^ +' (.)

5. .\ <\ !i .t. ".,' DISPOSING C'F THE WRIT PETITION WITHOUT COSTS (sl.,r